Powers and duties of executive director - hepatitis C program

Colo. Rev. Stat. § 25-4-2004, under Public Health and Environment.

Colo. Rev. Stat. § 25-4-2004

(1) The executive director of the department shall design and implement a hepatitis C program to:

(a) Coordinate with local public health officials, health-care professionals, public institutions, and community organizations to identify high risk populations, including those associated with currently understood means of transmission, to assist in implementing a model screening process, and to provide information on referral services or to otherwise assist in obtaining treatment for those with hepatitis C infection;

(b) Educate and provide outreach services related to hepatitis C to the general public. At a minimum, public education on these issues shall be designed to:

(I) Provide basic information about the prevalence, transmission, risks, care, and treatment of hepatitis C;

(II) Provide information about co-infection with hepatitis C and the implications of co-infection for other similarly transmitted diseases;

(III) Provide information on screening services available in the community;

(IV) Coordinate with national public education efforts related to the identification and notification of recipients of blood from hepatitis C virus positive donors;

(V) Stimulate interest among and coordinate with community-based organizations to sponsor community forums and to undertake other appropriate community outreach activities; and

(VI) Employ public communication strategies, including the print media, radio, television, video, internet, and any other appropriate form of communication.

(2) The program described in subsection (1) of this section shall be implemented within available appropriations. If available appropriations are inadequate to fund the entire program described in subsection (1) of this section, the program shall be implemented in stages, commencing with the coordination with local public health officials, health-care professionals, public institutions and community organizations, as described in paragraph (a) of subsection (1) of this section, and followed by the education of the general public, as described in paragraph (b) of subsection (1) of this section.

(3) The department is authorized to enter into contracts that are necessary for the implementation and operation of the program.

(4) After implementation of subsection (1) of this section, if funding is available, the executive director of the department shall have the authority to implement a system to:

(a) Collect and analyze reports of cases of hepatitis C, without regard to the distinction between chronic and acute;

(b) Investigate all reported cases of hepatitis C and maintain records of possible sources of transmission;

(c) Prepare a statistical report on the numbers and types of reported hepatitis C cases; and

(d) Report cases to the CDC to the extent permitted by the CDC.

(5) Repealed.

Source: L. 99: Entire part added, p. 1069, � 1, effective July 1. L. 2002: (5) repealed, p. 883, � 24, effective August 7.

25-4-2005. Hepatitis C testing - recommendations - definitions - rules - repeal. (1) (a) (I) The department recommends that each primary health-care provider or physician, physician assistant, or nurse practitioner who treats a patient in an inpatient or outpatient setting offer a person born between the years of 1945 and 1965 a hepatitis C screening test or hepatitis C diagnostic test unless the health-care provider providing such services reasonably believes that:

(A) The patient is being treated for a life-threatening emergency;

(B) The patient has previously been offered or has been the subject of a hepatitis C screening; or

(C) The patient lacks capacity to consent to a hepatitis C screening test.

(II) This subsection (1)(a) is repealed, effective July 1, 2026.

(b) (I) The state board of health created in section 25-1-103 shall adopt rules establishing standards for hepatitis C screening and diagnostic tests for use by primary health-care providers, physicians, physician assistants, or nurse practitioners who treat patients in an inpatient or outpatient setting. The board shall ensure that the screening and diagnostic test standards align with recommendations of the federal centers for disease control and prevention for hepatitis C screening and diagnostic testing.

(II) The rules adopted by the board pursuant to this subsection (1)(b) shall take effect on July 1, 2026.

(2) If a patient accepts the offer of a hepatitis C screening test and the screening test is reactive, the health-care provider may either offer the patient follow-up health care or refer the individual to a health-care provider who can provide follow-up health care, including a hepatitis C diagnostic test.

(3) The health-care provider shall make the offer of a hepatitis C screening to the patient in a linguistically and culturally appropriate manner, as determined by rules promulgated by the department.

(4) Nothing in this section affects the scope of practice of a health-care provider or diminishes any authority or legal or professional obligation of a health-care provider to offer a hepatitis C screening test or hepatitis C diagnostic test or to provide services or care for the subject of a hepatitis C screening test or hepatitis C diagnostic test.

(5) As used in this section, unless the context otherwise requires:

(a) Hepatitis C diagnostic test means a laboratory test or tests that detect the presence of hepatitis C virus in the blood and provide confirmation of whether the patient has a hepatitis C infection.

(b) Hepatitis C screening test means a federal food and drug administration-approved rapid point of care test or other food and drug administration-approved tests that detect the presence of hepatitis C virus antibodies in the blood.

Source: L. 2014: Entire section added, (SB 14-173), ch. 233, p. 863, � 2, effective August 6. L. 2025: (1) amended, (HB 25-1027), ch. 65, p. 280, � 20, effective April 10.

Cross references: For the legislative declaration in SB 14-173, see section 1 of chapter 233, Session Laws of Colorado 2014.