As used in this article, unless the context otherwise requires:
(1) Department means the department of human services created in section 26-1-105, C.R.S.
(2) Executive director means the executive director of the department of human services.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 755, � 2, effective April 29.
27-90-101. Executive director - division heads - interagency council - advisory boards. (1) (a) Medical personnel employed at any of the institutions subject to the control of the executive director, the medical director of which is licensed to practice medicine in this state, shall be exempt from the provisions of the Colorado Medical Practice Act, article 240 of title 12, with respect to service rendered to bona fide patients or inmates at those institutions, if such personnel: Are licensed to practice medicine in any other state of the United States or any province of Canada; have satisfactorily completed an internship of not less than one year in the United States, Canada, or Puerto Rico in a hospital approved for that purpose by the American medical association; have satisfactorily completed three years of postgraduate residency training, or its equivalent, in their particular specialty in a hospital approved for that purpose by the American Medical Association; and can read, write, speak, and understand the English language. Proof that the requirements have been met shall be submitted to and approved or disapproved by the executive director.
(b) All personnel who cannot satisfy all of the requirements set forth in subsection (1)(a) of this section shall be exempt from the Colorado Medical Practice Act, article 240 of title 12, with respect to services rendered to bona fide patients or inmates at said institutions, if the personnel are of good moral character, are graduates of an approved medical college as defined in section 12-240-104 (3), have completed an approved internship of at least one year as defined in section 12-240-104 (2) within nine months after first being employed, pass the examinations approved by the Colorado medical board under the Colorado Medical Practice Act and the National Board of Medical Examiners, the National Board of Examiners for Osteopathic Physicians and Surgeons, or the Federation of State Medical Boards, or their successor organizations, on subjects relating to the basic sciences, are able to read, write, speak, and understand the English language, and, in the case of personnel who are not citizens of the United States, become citizens within the minimum period of time within which the particular individual can become a citizen according to the laws of the United States and the regulations of the immigration and naturalization service of the United States, department of justice, or any successor agency, or within such additional time as may be granted by said boards.
(c) Medical personnel granted exemption under paragraphs (a) and (b) of this subsection (1) may not practice medicine except as described in this subsection (1) without first complying with all of the provisions of the Colorado Medical Practice Act.
(2) The governor may appoint an interagency council to serve at his or her pleasure, to be composed of such representatives as he or she may select from the departments of public health and environment, labor and employment, health care policy and financing, human services, personnel, and such other state officers and officials as he or she may deem appropriate.
(3) The governor may appoint advisory boards to consult with the executive director and the chief officer of any institution within the jurisdiction of the department. Any such advisory board shall consist of not less than five nor more than fifteen persons recognized or known to be interested and informed in the area of the institution's purpose and function. Members of the advisory boards shall serve without compensation but may be reimbursed for actual and necessary expenses incurred in attending regular meetings. Advisory boards established pursuant to this subsection (3) shall meet quarterly and during any interim on call of the executive director.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 755, � 2, effective April 29; (1)(b) amended, (HB 10-1260), ch. 403, p. 1990, � 87, effective July 1. L. 2011: (1)(b) amended, (HB 11-1303), ch. 264, p. 1172, � 82, effective August 10. L. 2019: (1)(a) and (1)(b) amended, (HB 19-1172), ch. 136, p. 1714, � 203, effective October 1.
Editor's note: (1) This section is similar to former � 27-1-102 as it existed prior to 2010.
(2) Subsection (1)(b) was numbered as � 27-1-102 (2)(c) in House Bill 10-1260 (see L. 2010, p. 1990) but was relocated due to its harmonization with this section as it was added by Senate Bill 10-175.
27-90-102. Duties of executive director - governor acquire water rights - rules. (1) The duties of the executive director are:
(a) To manage, supervise, and control the charitable, behavioral or mental health, custodial, and special educational public institutions operated and supported by the state; to manage and supervise the special agencies, departments, boards, and commissions transferred to or established within the department by law; to improve, develop, and carry forward programs of therapy, counseling, and aftercare to the end that a person dependent upon tax-supported programs may be afforded opportunity and encouragement to overcome the disability causing his or her partial or total dependence upon the state;
(b) To supervise the business, fiscal, budget, personnel, and financial operations of the department and the institutions and activities under his or her control;
(c) In consultation with the several superintendents, the chief officer of the Colorado mental health institute at Pueblo, the head of the administrative division for the Colorado mental health institute at Fort Logan, and the director of the division of planning, to develop a systematic building program providing for the projected, long-range needs of the institutions under his or her control;
(d) To classify the lands connected with the state institutions under his or her control and determine which are of such character as to be most profitably used for agricultural purposes, taking into consideration the needs of all state institutions for the food products that can be grown or produced thereon and the relative value of such agricultural use in the treatment or rehabilitation of the persons confined in those institutions;
(e) To the extent practical, to utilize the staff and services of other state agencies and departments, within their respective statutory functions, including administrative law judges appointed pursuant to part 10 of article 30 of title 24, C.R.S., to carry out the purposes of this article;
(f) To examine and evaluate each child committed to the department and to place each child committed pursuant to section 19-2.5-1525;
(g) To transfer between appropriate state institutions children committed to the department pursuant to section 19-2.5-1532;
(h) To require of the head of each institution and agency assigned to the department an annual report containing information, and submitted at a time, as the executive director decides;
(i) To exercise control over publications of the department and subdivisions thereof and cause publications that are approved for circulation in quantity outside the executive branch to be issued in accordance with the provisions of section 24-1-136, C.R.S.;
(j) To implement the procedures regarding children who are in detention or who have or may have a behavioral or mental health disorder or an intellectual and developmental disability specified in the provisions of the Colorado Children's Code contained in articles 1, 2.5, and 3 of title 19;
(k) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.; and
(l) To provide information to the director of research of the legislative council concerning population projections, research data, and the projected long-range needs of the institutions under the control of the executive director and any other related data requested by the director.
(2) The executive director shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of title 24, C.R.S.
(3) On behalf of the state of Colorado, the governor is authorized to acquire water and water rights for the operation of the Colorado mental health institute at Fort Logan. Title to that property may be acquired in fee simple absolute by purchase, donation, or the exercise of the power of eminent domain through condemnation proceedings in accordance with law from funds made available by the general assembly.
(4) (a) (I) The executive director shall appoint a board of medical consultants.
(II) The executive director shall determine the membership of the board based on the medical and surgical needs of the department.
(III) The executive director shall determine the qualifications for appointment to the board of medical consultants; except that all members of the board shall be licensed by the Colorado medical board pursuant to article 240 of title 12.
(b) A person serving on the board of medical consultants shall provide not more than one thousand hours of consultation per year in his or her capacity as a board member.
(c) Members of the board of medical consultants shall be compensated at a rate that shall be approved by the executive director. Compensation shall be paid from available funds of the department.
(d) The board members shall act as medical consultants to the department with respect to persons receiving services from the institutions listed in section 27-90-104 and from any institution operated pursuant to part 10 of article 2.5 of title 19.
(e) A member of the board of medical consultants, for all activities performed within the course and scope of his or her responsibilities to the department, is a public employee as defined in section 24-10-103 (4), C.R.S.
(5) (a) The executive director shall have authority to adopt executive director rules, as described in section 26-1-108, C.R.S., for programs administered and services provided by the department as set forth in this title. The rules shall be promulgated in accordance with the provisions of section 24-4-103, C.R.S.
(b) Whenever a statutory grant of rule-making authority in this title refers to the department, state department, or the department of human services, it shall mean the department of human services acting through either the state board of human services or the executive director or both. When exercising rule-making authority under this title, the department, either acting through the state board or the executive director, shall establish rules consistent with the powers and the distinction between board rules as set forth in section 27-90-103 and executive director rules as set forth in this section.
(c) Any rules adopted by the state board of human services to implement the provisions of this title prior to March 25, 2009, whose content meets the definition of executive director rules shall continue to be effective until revised, amended, or repealed by the executive director.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 756, � 2, effective April 29; (4)(a)(III) amended, (HB 10-1260), ch. 403, p. 1991, � 88, effective July 1. L. 2017: IP(1), (1)(a), and (1)(j) amended, (SB 17-242), ch. 263, p. 1375, � 292, effective May 25. L. 2019: (4)(a)(III) amended, (HB 19-1172), ch. 136, p. 1715, � 204, effective October 1. L. 2021: (1)(f), (1)(g), and (4)(d) amended, (SB 21-059), ch. 136, p. 750, � 133, effective October 1. L. 2022: (1)(j) amended, (SB 22-212), ch. 421, p. 2981, � 68, effective August 10.
Editor's note: (1) This section is similar to former � 27-1-103 as it existed prior to 2010.
(2) Subsection (4)(a)(III) was numbered as � 27-1-103 (3)(a)(III) in House Bill 10-1260 (see L. 2010, p. 1991), but was relocated due to its harmonization with this section as it was added by Senate Bill 10-175.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.