House Bill 25-1024 Introduced

A Bill for an Act

• Page 1, Line 101Concerning requiring a medical professional to disclose

• Page 1, Line 102certain information to patients if the medical

• Page 1, Line 103professional delegates medical-aesthetic services to

• Page 1, Line 104an individual who is not a licensed health-care

• Page 1, Line 105provider.

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 requires an individual who is licensed to practice medicine or licensed to practice as an advanced practice registered nurse to make certain disclosures to patients if the individual delegates medical-aesthetic services to an individual who is not a licensed health-care provider.

The bill makes nonsubstantive conforming amendments.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 12-240-104, amend

• Page 2, Line 3(6); repeal (5.8) and (5.9); and add (7), (8), (9), and (10) as follows:

• Page 2, Line 412-240-104.  Definitions. As used in this article 240, unless the

• Page 2, Line 5context otherwise requires:

• Page 2, Line 6(5.8)  "Originating site" has the meaning set forth in section

• Page 2, Line 710-16-123 (4)(b).

• Page 2, Line 8(5.9)  "Store-and-forward transfer" has the meaning set forth in

• Page 2, Line 9section 10-16-123 (4)(c).

• Page 2, Line 10(6)  "Telemedicine" means the delivery of medical services

• Page 2, Line 11through technologies that are used in a manner that is compliant with the

• Page 2, Line 12federal "Health Insurance Portability and Accountability Act of 1996",

• Page 2, Line 13Pub.L. 104-191, as amended, including information, electronic, and

• Page 2, Line 14communication technologies, remote monitoring technologies, and

• Page 2, Line 15store-and-forward transfers, to facilitate the assessment, diagnosis,

• Page 2, Line 16consultation, or treatment of a patient while the patient is located at an

• Page 2, Line 17originating site and the person who provides the services is located at a

• Page 2, Line 18distant site "Licensed health-care provider" means an individual

• Page 2, Line 19who is licensed or otherwise authorized by the state pursuant

• Page 2, Line 20to this title 12 or article 3.5 of title 25 to provide health-care

• Page 2, Line 21services.

• Page 2, Line 22(7)  "Medical-aesthetic services" means therapeutic

• Page 2, Line 23procedures used in aesthetics.

• Page 2, Line 24(8)  "Originating site" has the meaning set forth in section

• Page 3, Line 110-16-123 (4)(b).

• Page 3, Line 2(9)  "Store-and-forward transfer" has the meaning set

• Page 3, Line 3forth in section 10-16-123 (4)(c).

• Page 3, Line 4(10)  "Telemedicine" means the delivery of medical services

• Page 3, Line 5through technologies that are used in a manner that is

• Page 3, Line 6compliant with the federal "Health Insurance Portability and

• Page 3, Line 7Accountability Act of 1996", Pub.L. 104-191, including

• Page 3, Line 8information, electronic, and communication technologies,

• Page 3, Line 9remote monitoring technologies, and store-and-forward

• Page 3, Line 10transfers, to facilitate the assessment, diagnosis, consultation,

• Page 3, Line 11or treatment of a patient while the patient is located at an

• Page 3, Line 12originating site and the individual who provides the services is

• Page 3, Line 13located at a distant site.

• Page 3, Line 14SECTION 2.  In Colorado Revised Statutes, add 12-240-147 as

• Page 3, Line 15follows:

• Page 3, Line 1612-240-147.  Delegation of medical-aesthetic services to

• Page 3, Line 17unlicensed individuals - required disclosures - applicability. (1)  An

• Page 3, Line 18individual licensed to practice medicine under this article 240

• Page 3, Line 19who delegates medical-aesthetic services to an individual who

• Page 3, Line 20is not a licensed health-care provider shall:

• Page 3, Line 21(a)  Post or cause to be posted a notice in a highly visible

• Page 3, Line 22manner at the physical location where the delegated services

• Page 3, Line 23occur, which notice indicates:

• Page 3, Line 24(I)  The name of the licensee;

• Page 3, Line 25(II)  The licensee's Colorado physician license number;

• Page 3, Line 26(III)  Contact information for the licensee; and

• Page 3, Line 27(IV)  An online address where a patient may file a

• Page 4, Line 1complaint with the board;

• Page 4, Line 2(b)  Post or cause to be posted on the public website and on

• Page 4, Line 3all advertising materials of the unlicensed individual a notice

• Page 4, Line 4that:

• Page 4, Line 5(I)  States that medical-aesthetic services are delegated;

• Page 4, Line 6and

• Page 4, Line 7(II)  Indicates the name and Colorado physician license

• Page 4, Line 8number of the licensee;

• Page 4, Line 9(c)  Provide an informed consent form to each patient,

• Page 4, Line 10which form:

• Page 4, Line 11(I)  States that the patient is receiving medical-aesthetic

• Page 4, Line 12services delegated to an unlicensed individual from a licensed

• Page 4, Line 13individual;

• Page 4, Line 14(II)  Includes the information included in the notice

• Page 4, Line 15described in subsection (1)(a) of this section; and

• Page 4, Line 16(III)  Must be signed by the patient; and

• Page 4, Line 17(d)  Retain each consent form described in subsection (1)(c)

• Page 4, Line 18of this section for at least seven years.

• Page 4, Line 19(2)  This section does not apply to a facility that is

• Page 4, Line 20regulated under title 25.

• Page 4, Line 21SECTION 3.  In Colorado Revised Statutes, 12-255-104, amend

• Page 4, Line 22(5.6) and (5.7); and add (5.8) as follows:

• Page 4, Line 2312-255-104.  Definitions. As used in this article 255, unless the

• Page 4, Line 24context otherwise requires:

• Page 4, Line 25(5.6)  "Medical facility" means a nursing facility licensed by the

• Page 4, Line 26department of public health and environment or home health agencies

• Page 4, Line 27certified to receive medicare or medicaid funds, pursuant to the federal

• Page 5, Line 1"Social Security Act", as amended, distinct part nursing facilities, or

• Page 5, Line 2home health agencies or entities engaged in nurse aide practice. "Medical

• Page 5, Line 3facility" does not include hospitals and other facilities licensed or

• Page 5, Line 4certified pursuant to section 25-1.5-103 (1)(a) "Medical-aesthetic

• Page 5, Line 5services" means therapeutic procedures used in aesthetics.

• Page 5, Line 6(5.7)  "Nursing facility" has the same meaning as set forth in

• Page 5, Line 7section 25.5-4-103 (14) "Medical facility" means a nursing facility

• Page 5, Line 8licensed by the department of public health and environment or

• Page 5, Line 9home health agencies certified to receive medicare or medicaid

• Page 5, Line 10funds, pursuant to the federal "Social Security Act", distinct

• Page 5, Line 11part nursing facilities, or home health agencies or entities

• Page 5, Line 12engaged in nurse aide practice. "Medical facility" does not

• Page 5, Line 13include hospitals and other facilities licensed or certified

• Page 5, Line 14pursuant to section 25-1.5-103 (1)(a).

• Page 5, Line 15(5.8)  "Nursing facility" has the meaning set forth in

• Page 5, Line 16section 25.5-4-103 (14).

• Page 5, Line 17SECTION 4.  In Colorado Revised Statutes, add 12-255-137 as

• Page 5, Line 18follows:

• Page 5, Line 1912-255-137.  Delegation of medical-aesthetic services to

• Page 5, Line 20unlicensed individuals - required disclosures - applicability. (1)  An

• Page 5, Line 21individual licensed as an advanced practice registered nurse

• Page 5, Line 22pursuant to this article 255 who delegates medical-aesthetic

• Page 5, Line 23services to an individual not licensed as a licensed health-care

• Page 5, Line 24provider shall:

• Page 5, Line 25(a)  Post or cause to be posted a notice in a highly visible

• Page 5, Line 26manner at the physical location where the delegated services

• Page 5, Line 27occur, which notice indicates:

• Page 6, Line 1(I)  The name of the licensee;

• Page 6, Line 2(II)  The licensee's Colorado nursing license number;

• Page 6, Line 3(III)  Contact information for the licensee; and

• Page 6, Line 4(IV)  An online address where a patient may file a

• Page 6, Line 5complaint with the board;

• Page 6, Line 6(b)  Post or cause to be posted on the public website and on

• Page 6, Line 7all advertising materials of the unlicensed individual a notice

• Page 6, Line 8that:

• Page 6, Line 9(I)  States that medical-aesthetic services are delegated;

• Page 6, Line 10and

• Page 6, Line 11(II)  Indicates the name and Colorado nursing license

• Page 6, Line 12number of the licensee;

• Page 6, Line 13(c)  Provide an informed consent form to each patient,

• Page 6, Line 14which form:

• Page 6, Line 15(I)  States that the patient is receiving medical-aesthetic

• Page 6, Line 16services delegated to an unlicensed individual by a licensed

• Page 6, Line 17individual;

• Page 6, Line 18(II)  Includes the information included in the notice

• Page 6, Line 19described in subsection (1)(a) of this section; and

• Page 6, Line 20(III)  Must be signed by the patient; and

• Page 6, Line 21(d)  Retain each consent form described in subsection (1)(c)

• Page 6, Line 22of this section for at least seven years.

• Page 6, Line 23(2)  This section does not apply to a facility that is

• Page 6, Line 24regulated under title 25.

• Page 6, Line 25SECTION 5.  In Colorado Revised Statutes, 25-1-801, amend (4)

• Page 6, Line 26as follows:

• Page 6, Line 2725-1-801.  Patient records in custody of health-care facility -

• Page 7, Line 1definitions. (4)  For the purposes of this section, medical information

• Page 7, Line 2transmitted during the delivery of health care via telemedicine, as defined

• Page 7, Line 3in section 12-240-104 (6) section 12-240-104 (10), is part of the patient's

• Page 7, Line 4medical record maintained by the health-care facility.

• Page 7, Line 5SECTION 6.  In Colorado Revised Statutes, 25-1-802, amend (5)

• Page 7, Line 6as follows:

• Page 7, Line 725-1-802.  Patient records in custody of individual health-care

• Page 7, Line 8providers. (5)  For the purposes of this section, medical information

• Page 7, Line 9transmitted during the delivery of health care via telemedicine, as defined

• Page 7, Line 10in section 12-240-104 (6) section 12-240-104 (10), is part of the patient's

• Page 7, Line 11medical record maintained by a health-care provider.

• Page 7, Line 12SECTION 7.  In Colorado Revised Statutes, 25.5-1-207, amend

• Page 7, Line 13(1)(l) as follows:

• Page 7, Line 1425.5-1-207.  Rural provider access and affordability stimulus

• Page 7, Line 15grant program - advisory committee - fund - reporting - rules -

• Page 7, Line 16definitions - repeal. (1)  Definitions. As used in this section:

• Page 7, Line 17(l)  "Telemedicine" has the meaning set forth in section

• Page 7, Line 1812-240-104 (6) 12-240-104 (10).

• Page 7, Line 19SECTION 8.  Act subject to petition - effective date -

• Page 7, Line 20applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 7, Line 21the expiration of the ninety-day period after final adjournment of the

• Page 7, Line 22general assembly; except that, if a referendum petition is filed pursuant

• Page 7, Line 23to section 1 (3) of article V of the state constitution against this act or an

• Page 7, Line 24item, section, or part of this act within such period, then the act, item,

• Page 7, Line 25section, or part will not take effect unless approved by the people at the

• Page 7, Line 26general election to be held in November 2026 and, in such case, will take

• Page 7, Line 27effect on the date of the official declaration of the vote thereon by the

• Page 8, Line 1governor.

• Page 8, Line 2(2)  This act applies to conduct occurring on or after the applicable

• Page 8, Line 3effective date of this act.