(1) As used in this section, health-care provider means an individual licensed, certified, or registered pursuant to this title 12 to provide health-care services. Health-care provider does not include a veterinarian.
(2) Each regulator of health-care providers shall provide each health-care provider with the information that the regulator receives from the office of health equity pursuant to section 25-4-2209 regarding the culturally relevant and affirming health-care training courses that are available to each licensee, certificate holder, and registrant. Each regulator shall provide the information to each health-care provider at the time the health-care provider is issued or renews a license, certificate, or registration and shall encourage participation in the training courses.
Source: L. 2022: Entire section added, (HB 22-1267), ch. 443, p. 3123, � 2, effective August 10.
12-30-120. Unprofessional conduct - grounds for discipline - offering medication abortion reversal - definitions - rules. (1) As used in this section:
(a) Abortion has the meaning set forth in section 25-6-402 (1).
(b) Medication abortion means an abortion conducted solely through the use of one or more prescription drugs.
(c) Medication abortion reversal means administering, dispensing, distributing, or delivering a drug with the intent to interfere with, reverse, or halt a medication abortion.
(2) (a) A licensee, registrant, or certificant engages in unprofessional conduct or is subject to discipline pursuant to this title 12 if the licensee, registrant, or certificant provides, prescribes, administers, or attempts medication abortion reversal in this state, unless the Colorado medical board created in section 12-240-105 (1), the state board of pharmacy created in section 12-280-104 (1), and the state board of nursing created in section 12-255-105 (1), in consultation with each other, each have in effect rules finding that it is a generally accepted standard of practice to engage in medication abortion reversal.
(b) The boards specified in subsection (2)(a) of this section shall promulgate applicable rules no later than October 1, 2023, in consultation with each other, concerning whether engaging in medication abortion reversal is a generally accepted standard of practice.
Source: L. 2023: Entire section added, (SB 23-190), ch. 70, p. 266, � 3, effective April 14.
Cross references: For the legislative declaration in SB 23-190, see section 1 of chapter 70, Session Laws of Colorado 2023.
12-30-121. Legally protected health-care activity - prohibit adverse action against regulated professionals and applicants - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Civil judgment means a final court decision and order resulting from a civil lawsuit or a settlement in lieu of a final court decision.
(b) Criminal judgment means a guilty verdict, a plea of guilty, a plea of nolo contendere, pretrial diversion, or a deferred judgment or sentence resulting from criminal charges or criminal proceedings or the dismissal of charges or the decision not to prosecute charges.
(c) Gender-affirming health-care services means all supplies, care, and services of a medical, behavioral health, mental health, psychiatric, habilitative, surgical, therapeutic, diagnostic, preventive, rehabilitative, or supportive nature relating to the treatment of gender dysphoria.
(d) Legally protected health-care activity means seeking, providing, receiving, or referring for; assisting in seeking, providing, or receiving; or providing material support for or traveling to obtain gender-affirming health-care services or reproductive health care that is not unlawful in this state, including on any theory of vicarious, joint, several, or conspiracy liability. As it relates to the provision of or referral for gender-affirming health-care services or reproductive health by a health-care provider licensed in this state and physically present in this state, the services and care are considered a legally protected health-care activity if the service or care is lawful in this state, regardless of the patient's location.
(e) Reproductive health care means health care and other medical services related to the reproductive processes, functions, and systems at all stages of life. It includes, but is not limited to, family planning and contraceptive care; gender-affirming health-care services; abortion care; prenatal, postnatal, and delivery care; fertility care; sterilization services; and treatments for sexually transmitted infections and reproductive cancers.
(2) A regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against an individual's license, certificate, or registration based solely on:
(a) The applicant's, licensee's, certificant's, or registrant's provision of, or assistance in the provision of, a legally protected health-care activity in this state or any other state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
(b) A civil judgment or criminal judgment against the applicant, licensee, certificant, or registrant arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or any other state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
(c) A professional disciplinary action or any other sanction against or suspension, revocation, surrender, or relinquishment of the applicant's, licensee's, certificant's, or registrant's professional license, certification, or registration in this state or any other state or United States territory, so long as:
(I) The professional disciplinary action is based solely on the applicant's, licensee's, certificant's, or registrant's provision of, or assistance in the provision of, a legally protected health-care activity; and
(II) The care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
(d) The applicant's, licensee's, certificant's, or registrant's own personal effort to seek or engage in a legally protected health-care activity in this state or any other state or United States territory; or
(e) A civil or criminal judgment against the applicant, licensee, certificant, or registrant arising from the individual's own personal legally protected health-care activity in this state or any other state or United States territory.
Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 243, � 5, effective April 14.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
12-30-122. Intimate examination of sedated or unconscious patient - informed consent required - definitions. (1) (a) (I) Except as provided in subsection (1)(b) of this section, neither a licensee nor a student or trainee under the supervision of a licensee shall perform an intimate examination of a sedated or unconscious patient unless the patient has provided specific informed consent to the examination in accordance with subsection (2) of this section.
(II) In addition to the requirement to obtain a patient's specific informed consent, a student or trainee may perform an intimate examination of a sedated or unconscious patient for educational or training purposes only if:
(A) The examination is related to the planned procedure to be performed on the patient;
(B) The student or trainee has been introduced to the patient as part of the patient's care team, and the student's or trainee's role in performing an intimate examination for educational or training purposes has been shared with the patient; and
(C) The student or trainee is under the direct supervision of the licensee responsible for supervising the student or trainee.
(b) The requirements of subsection (1)(a) of this section do not apply to:
(I) A licensee who performs an intimate examination of a patient who is sedated or unconscious without obtaining the patient's specific informed consent in emergency situations when the intimate examination is medically necessary for the life or well-being of the patient, but the licensee must make a record of performing the examination without obtaining the patient's specific informed consent, including an explanation of the reason for not obtaining the patient's consent, and the record must be provided to the patient prior to discharge; or
(II) A licensee who has obtained the patient's consent to provide health care that includes an intimate examination if the licensee has informed the patient of the intimate examination in the course of obtaining the patient's consent to the health care.
(2) To obtain specific informed consent to perform an intimate examination on a sedated or unconscious patient, a licensee shall, during a preoperative appointment before the procedure at which the examination will be performed or, in the absence of a preoperative appointment, as soon as possible before the intimate examination occurs:
(a) Provide a written or electronic document to the patient, separate from any other notice or agreement, that:
(I) Includes the following heading at the top of the document, in no smaller than eighteen-point, bold-faced type: CONSENT FOR EXAMINATION OF BREASTS, PELVIC REGION, RECTUM, AND/OR PROSTATE;
(II) Specifies the nature and purpose of the intimate examination;
(III) Names one or more licensees whom the patient may authorize to perform the intimate examination;
(IV) States whether there may be one or more students or trainees whom the patient may authorize to perform an intimate examination for educational or training purposes or to observe or otherwise be present at the examination, either in person or through electronic means, and identifies the students or trainees by name; and
(V) Provides the patient the ability to consent to or decline the following:
(A) An intimate examination for diagnosis or treatment, to be performed by a licensee;
(B) An intimate examination for educational or training purposes, to be performed by a licensee; and
(C) One or more, but no more than three, additional intimate examinations for educational or training purposes, to be performed by up to three different students or trainees;
(b) Obtain the signature of the patient on the written or electronic document; and
(c) Sign the written or electronic document.
(3) (a) For purposes of complying with subsection (2) of this section, a licensee may:
(I) Develop and use its own written or electronic document, so long as the document satisfies the requirements of subsection (2) of this section; or
(II) Use a written or electronic document developed by the licensed health-care facility where the licensee will be performing the intimate examination or developed by the department of public health and environment, in accordance with section 25-3-130 (3), for use by health-care providers, so long as the document satisfies the requirements of subsection (2) of this section.
(b) The licensee shall make the completed, signed specific informed consent document available to the patient.
(4) (a) A licensee, student, or trainee who violates this section, or who retaliates against an individual, including a whistleblower, for filing a complaint regarding a violation of this section with the regulator of the licensee, student, or trainee or with the department of public health and environment or for otherwise complaining to the licensed health-care facility where the patient received an intimate examination or to any other person, engages in unprofessional conduct, commits an act that is grounds for discipline, and is subject to discipline pursuant to section 12-225-109, 12-240-121, or 12-255-120, as applicable.
(b) A patient who has been subjected to an intimate examination in violation of this section may file a civil action for damages in a court of competent jurisdiction. Such action is not a medical malpractice action, and the limitation on damages for noneconomic loss or injury established pursuant to section 13-21-102.5 applies to any award to the patient for noneconomic damages.
(5) Nothing in this section affects the ability to perform a medical forensic examination, including the collection of evidence, in connection with an alleged sexual assault or other crime or the investigation of an alleged sexual assault or other crime, pursuant to applicable laws.
(6) As used in this section:
(a) Health-care provider means a licensee or a licensed health-care facility where a patient is receiving care.
(b) (I) Intimate examination means palpation of a breast or an internal pelvic, prostate, or rectal examination.
(II) Intimate examination does not include a visual examination of a part of the body specified in subsection (6)(b)(I) of this section that occurs incidental to the care being provided.
(c) Licensed health-care facility means a health-care facility licensed or certified by the department of public health and environment pursuant to section 25-1.5-103 (1)(a) and includes an individual authorized to act on behalf of the health-care facility.
(d) Licensee means:
(I) A physician or physician assistant licensed pursuant to article 240 of this title 12;
(II) A person who holds a physician training license issued pursuant to section 12-240-128 and is:
(A) A resident enrolled in an approved residency, as defined in section 12-240-104 (4);
(B) An intern enrolled in an approved internship, as defined in section 12-240-104 (2); or
(C) A fellow enrolled in an approved fellowship, as defined in section 12-240-104 (1);
(III) An advanced practice registered nurse, as defined in section 12-255-104 (1); a registered nurse, as defined in section 12-255-104 (11); or a midwife, other than a direct-entry midwife or certified nurse midwife, practicing in this state whose scope of practice includes performing intimate examinations; or
(IV) A direct-entry midwife registered pursuant to article 225 of this title 12.
(e) Patient means an individual under the care of a health-care provider or the patient's authorized representative.
(f) Patient's authorized representative means an individual who is authorized to make health-care decisions for or exercise rights on behalf of the patient, including, for a patient who is under eighteen years of age, the parent or legal guardian of, or the individual standing in loco parentis to, the patient.
(g) Regulator means:
(I) For licensees described in subsections (6)(d)(I) and (6)(d)(II) of this section, the Colorado medical board created in section 12-240-105;
(II) For licensees described in subsection (6)(d)(III) of this section, the state board of nursing created in section 12-255-105; and
(III) For licensees described in subsection (6)(d)(IV) of this section, the director.
(h) Student means an individual currently enrolled in:
(I) An approved medical college, as defined in section 12-240-104 (3);
(II) An approved education program, as defined in section 12-255-104 (2), for professional nursing; or
(III) A training program approved by the director, as described in section 12-225-104 (4)(c).
(i) Trainee means an individual enrolled in or otherwise participating in training, practical experience, practicum, or any other experiential or clinical program that is required pursuant to article 225, 240, or 255 of this title 12 for the individual to become a licensee.
(j) Whistleblower means an individual who has knowledge of an alleged violation of this section.
Source: L. 2023: Entire section added, (HB 23-1077), ch. 262, p. 1553, � 1, effective January 1, 2024.
12-30-123. Health-care providers - on-site administered topical medication - use for continued treatment - definition. (1) As used in this section, facility-provided medication or medication means a topical medication that a health-care provider or medical office has on hand or that is retrieved from a dispensing system for a specified patient for use during a surgical procedure or a visit to a health-care provider.
(2) (a) A health-care provider may offer any unused portion of a facility-provided medication to a patient if the medication is required for continued treatment, the medication does not contain a controlled substance, and the medication was administered to the patient during the patient's visit to the health-care provider. The health-care provider shall document within the patient's medical record that the patient must continue the medication at home, including the patient's dosage and directions for use.
(b) A health-care provider shall label a facility-provided medication as required pursuant to article 280 of this title 12.
(3) If a facility-provided medication is used for a patient during a visit to a health-care provider and the facility-provided medication is provided to the patient for continuity of treatment, the health-care provider is responsible for counseling the patient on the proper use of the medication, and a pharmacist's requirement to counsel the patient concerning the medication pursuant to section 12-280-138 is waived.
Source: L. 2024: Entire section added, (SB 24-087), ch. 120, p. 390, � 1, effective April 22.
12-30-124. Out-of-state telehealth providers - registration - financial responsibility - discipline - emergency protocol - disclosures - prescriptions - rules - applicability - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Applicant means an individual who performs health-care services in another state and applies to the division to provide telehealth services in this state.
(b) Distant site has the meaning set forth in section 10-16-123 (4)(a).
(c) Originating site has the meaning set forth in section 10-16-123 (4)(b).
(d) Out-of-state credential means a license, certificate, registration, or other approval as a health-care provider in another state.
(e) Registered provider means a health-care provider registered to provide telehealth services in this state pursuant to subsection (3) of this section.
(f) Store-and-forward transfer has the meaning set forth in section 10-16-123 (4)(c).
(g) Telehealth means the delivery of medical services through technologies that are used in a manner that is compliant with the federal Health Insurance Portability and Accountability Act of 1996, Pub.L. 104-191, including information, electronic, and communication technologies, remote monitoring technologies, and store-and-forward transfers, to facilitate the assessment, diagnosis, consultation, or treatment of a patient while the patient is located at an originating site and the person who provides the services is located at a distant site.
(2) On and after January 1, 2026, an applicant who possesses an out-of-state credential may provide health-care services through telehealth to patients located in this state if the applicant is registered with a regulator, as applicable to the applicant's practice, and provides health-care services within the scope of practice established under the laws and rules of this state that apply to the applicant's practice.
(3) A regulator may register an applicant who does not possess a license, certificate, or registration in this state as a registered provider under this section if the applicant satisfies all of the following:
(a) The applicant submits an application on a form prescribed by the division and pays the applicable fee established by the division pursuant to section 12-20-105;
(b) The applicant possesses an out-of-state credential issued by a governmental authority in another state, the District of Columbia, or a possession or territory of the United States and the credential is active; unencumbered; has educational and supervisory standards equivalent to or exceeding the educational and supervisory standards required for the equivalent credential, license, certificate, or registration in this state or the interstate compact license for the applicable credential type; and entitles the applicant to perform health-care services that are the same as or equivalent to health-care services that may be performed by a licensee, certificate holder, or registrant in this state;
(c) The applicant has not been subject to any disciplinary action resulting in a limitation, suspension, or revocation of the applicant's out-of-state credential during the five-year period immediately preceding the submission of the applicant's application pursuant to subsection (3)(a) of this section, unless the disciplinary action pertains to an action, behavior, or treatment permitted under Colorado law;
(d) The applicant demonstrates passage of a jurisprudence examination administered by the division if passage of a jurisprudence examination is required for substantially similar credentialing as a licensee, certificate holder, or registrant in this state;
(e) The applicant designates an agent upon whom service of process may be made in this state on a form prescribed by the division; and
(f) The applicant demonstrates to the division that the applicant is in compliance with subsection (5) of this section.
(4) (a) A registered provider shall notify the applicable regulator of:
(I) Restrictions placed on the registered provider's out-of-state credential in any state or jurisdiction;
(II) Any disciplinary action taken or pending against the registered provider in any state or jurisdiction; and
(III) Any final judgment against, settlement entered into by, or arbitration award paid on behalf of the registered provider for malpractice.
(b) The registered provider shall provide notification pursuant to this subsection (4) within five business days after the restriction is placed or disciplinary action is initiated or taken.
(5) A registered provider shall maintain the method and amount of financial responsibility that covers services provided to patients in this state as required by the applicable regulator.
(6) A registered provider providing health-care services through telehealth to a patient located in this state shall provide health-care services in compliance with the professional practice standards applicable to a licensee, certificate holder, or registrant who provides comparable in-person health-care services in this state. Professional practice standards and laws applicable to the provision of in-person health-care services in this state, including standards and laws relating to prescribing medication or treatment, identity verification, documentation, informed consent, confidentiality, disclosures, privacy, and security, apply to the provision of health-care services through telehealth in Colorado.
(7) (a) A registered provider who provides telehealth services to a patient shall:
(I) Provide the patient with guidance on appropriate follow-up care as required by the laws, rules, and standard of care for Colorado;
(II) In the event of an emergency situation, make a good faith effort to:
(A) Directly contact and coordinate with emergency services located near the originating site; or
(B) If the urgent, emergent, or emergency situation is related to the patient's mental health or a substance use condition, facilitate contact with the appropriate local mental and behavioral health services to include local crisis services, such as crisis stabilization units, crisis walk-in centers, mobile crisis response services, and withdrawal management facilities; and
(C) Remain on a synchronous connection with the patient, if the emergency arises during a synchronous connection, until emergency services have reached the originating site or the situation is resolved in the registered provider's clinical judgment; and
(III) Maintain a written emergency protocol that is appropriate to the applicable standard of care for Colorado. The written emergency protocol must include good faith methods of accomplishing the following:
(A) Providing the name and location of the patient to emergency services in oral, written, or digital form;
(B) Determining the originating site if a patient is unaware of the location; and
(C) Providing the contact information of the patient to emergency services.
(b) A registered provider must maintain a current list of hospitals, urgent care centers or clinics, and crisis providers, such as crisis stabilization units, crisis walk-in centers, mobile crisis response services, and withdrawal management facilities, in the area where the patient resides.
(8) (a) A registered provider shall not open an office in this state and shall not provide in-person health-care services to patients located in this state unless the registered provider obtains the license, certification, or registration that the applicable regulator requires for the performance of the relevant health-care services in this state.
(b) A registered provider providing telehealth services to a patient in this state shall disclose the following information to the patient, as applicable:
(I) The location of the registered provider; and
(II) That the registered provider does not have a physical location in Colorado.
(9) (a) The division or the applicable regulator may take disciplinary action against a registered provider if any of the following applies to the registered provider:
(I) The registered provider fails to notify the regulator of any adverse actions taken against the registered provider's out-of-state credential as required under subsection (4) of this section;
(II) The registered provider has restrictions placed on the registered provider's out-of-state credential or disciplinary action has been commenced against the registered provider in any state or jurisdiction;
(III) The registered provider violates any of the requirements under this section; or
(IV) The registered provider commits an act that constitutes grounds for disciplinary action under the law governing the applicable profession in Colorado.
(b) The department of regulatory agencies may notify other states in which the registered provider is licensed, registered, or certified to practice of any disciplinary actions taken against the registered provider in this state.
(c) If a regulator determines that a registered provider has committed an act or engaged in conduct that constitutes grounds for discipline or unprofessional conduct under the law governing the applicable profession in Colorado, the division or the relevant regulator may take disciplinary or other action pursuant to section 12-20-404.
(10) For a registered provider providing health-care services through telehealth to a patient located in this state, this section provides an alternative to licensure, certification, or registration that the applicable regulator requires for the performance of the relevant health-care services in this state, and a registered provider must otherwise adhere to the laws and rules that apply to the registered provider's practice.
(11) A registered provider shall not prescribe a controlled substance, as defined in section 12-280-402 (1).
(12) All registrations issued pursuant to this section are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202.
(13) The division may promulgate rules necessary to implement and administer this section.
(14) A regulator may promulgate rules necessary to implement and administer this section.
(15) Articles 1 and 20 of this title 12 and this article 30 apply, according to their terms, to this section.
(16) This section does not alter or limit the rights and protections afforded to a person concerning a legally protected health-care activity, as defined in section 12-30-121.
Source: L. 2024: Entire section added, (SB 24-141), ch. 480, p. 3364, � 1, effective June 7. L. 2025: (16) added, (SB 25-129), ch. 96, p. 436, � 1, effective April 24.
12-30-125. Peer support team members - disclosure of confidential information - not regulated by division - definitions. (1) (a) A peer support team member shall not disclose, without the consent of the recipient of peer support services, the confidential communications that are made by the recipient during a peer support interaction. A recipient of peer support services who participates in group peer support services shall not disclose information that was communicated by other recipients of group peer support services during the course of group peer support services without the consent of the individual to whom the information relates.
(b) Subsection (1)(a) of this section applies only to communications made during interactions in which a peer support team member is:
(I) Acting in the individual's official capacity as a peer support team member of the peer support organization; and
(II) Functioning within the written peer support guidelines that are in effect for the peer support organization.
(c) Subsection (1)(a) of this section does not apply in cases in which:
(I) A peer support team member was a witness or a party to an incident that prompted the delivery of peer support services;
(II) A recipient of peer support services admits to committing a crime or provides information pertaining to the individual's self or others that is indicative of criminal conduct, including a committed crime, a plan or intention to commit a crime, or a plan or intention to conceal a crime;
(III) In relation to a recipient of peer support services, one or more of the criteria described in section 13-90-107 (1)(m)(V) are met;
(IV) A recipient of peer support services makes an articulable and significant threat against, or exhibits behaviors that in the reasonable judgment of a peer support team member create an articulable and significant threat against, the health or safety of another individual, including unidentified individuals belonging to an identifiable group, such as a group of school students, teachers, administrators, or other school personnel; or
(V) A recipient of peer support services makes an articulable and significant threat involving, or exhibits behaviors that in the reasonable judgment of a peer support team member create an articulable and significant threat involving, the damage or destruction of private or public property, including a school, building, structure, or natural area.
(d) A peer support team member who discloses information under subsection (1)(c) of this section shall limit the disclosure to the appropriate individual, school or school district personnel, and law enforcement agencies.
(e) A peer support team member who discloses or does not disclose a confidential communication with a recipient of peer support services in accordance with subsection (1)(c) of this section is not liable for damages in a civil action for disclosing or not disclosing the communication.
(2) (a) An individual engaging in peer support services as a peer support team member is not subject to licensure, certification, registration, or other regulation by the division or the department for the individual's role as a peer support team member; however, the individual may be subject to licensure, certification, registration, or other regulation for activities regulated by the division or the department.
(b) An individual engaging in peer support services as a peer support team member is not subject to discipline, enforcement, or review pursuant to part 4 of article 20 of this title 12 for the individual's role as a peer support team member; however, the individual may be subject to discipline, enforcement, or review for activities regulated by the division or the department.
(3) As used in this section, unless the context otherwise requires:
(a) Group peer support services has the meaning set forth in section 13-90-107 (1)(m)(III)(D).
(b) Peer support team member means a district attorney or public defender peer support team member, as defined in section 13-90-107 (1)(m)(III)(B); an emergency medical service provider or rescue unit peer support team member, as defined in section 13-90-107 (1)(m)(III)(C); or a law enforcement or firefighter peer support team member, as defined in section 13-90-107 (1)(m)(III)(E).
(4) Nothing in this section prohibits any other disclosures required by law.
Source: L. 2025: Entire section added, (HB 25-1087), ch. 332, p. 1719, � 1, effective August 6.