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Bill: HB12-1001
Title: Rule Review Evaluation Of Educator Effectiveness
House SponsorsB. Gardner (R)
C. Murray (R)
Senate SponsorsM. Johnston (D)
N. Spence (R)
Official Summary

Committee on Legal Services. Senate Bill 10-191, enacted in 2010, requires the general assembly to review and approve the rules adopted by the state board of education implementing a statewide system to evaluate the effectiveness of licensed personnel employed by school districts and boards of cooperative services (statewide system). The bill contains the recommendations of the committee on legal services to approve the rules of the state board of education, department of education, adopted on November 9, 2011, to implement the statewide system.

The bill postpones the scheduled expiration of the rules on the statewide system, thereby continuing the rules.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/12/2012)
StatusGovernor Action - Signed (02/15/2012)
Client Position

Bill: HB12-1013
Title: Interventions For Middle School Students
House SponsorsC. Holbert (R)
R. Fields (D)
Senate SponsorsK. King (R)
E. Hudak (D)
Official Summary

Educational Success Task Force. The bill directs school districts to consider adopting procedures by which the public schools of the school district use available data to identify and provide intervention services to students in grades 6 through 9 who are exhibiting behaviors that indicate the students are at increased risk of dropping out of school. Institute charter schools are also directed to consider adopting procedures to identify and provide intervention services to this population of students.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/06/2012)
StatusGovernor Action - Signed (03/16/2012)
Client Position

Bill: HB12-1052
Title: Health Care Work Force Data Collection
House SponsorsK. Summers (R)
Senate SponsorsE. Roberts (R)
B. Boyd (D)
Official Summary

The bill requires the director of the division of registrations in the department of regulatory agencies (director) to implement a system to collect health care work force data from health care professionals who are eligible for the Colorado health service corps, from practical and professional nurses, and from pharmacists. The bill requires a voluntary advisory group designated by the director of the primary care office to recommend the structure of the data elements to be collected regarding specific information about each health care professional and his or her practice. The director is authorized to accept and expend any gifts, grants, or donations that may be available from any private or public sources for the implementation of the data collection system.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/10/2012)
StatusGovernor Action - Signed (05/29/2012)
Client Position

Bill: HB12-1065
Title: Deadline Advan Prac Nurse Retain Prescriptive Auth
House SponsorsP. Lee (D)
Senate SponsorsJ. Nicholson (D)
Official Summary

Pursuant to legislation in 2009, the standards for advanced practice nurses (APNs) to obtain prescriptive authority were modified to require APNs, in addition to obtaining specified levels of education and experience, to develop an articulated plan for safe prescribing that documents how the APN will collaborate with physicians and other health care professionals in his or her practice of prescribing medications. Under the 2009 legislation, APNs who were granted prescriptive authority prior to July 1, 2010, were permitted to retain that authority but were required to develop an articulated plan of safe prescribing within one year, or by July 1, 2011.

The bill allows the state board of nursing, on a case-by-case basis, to extend the deadline by which APNs with prescriptive authority granted before July 1, 2010, are required to develop an articulated plan, but in no case is the board allowed to extend the deadline beyond July 1, 2012. An APN seeking a deadline extension must submit to the board, prior to July 1, 2012, an application and fee and an attestation that he or she has developed an articulated plan. The board is to adopt rules establishing the criteria for granting a deadline extension. A decision of the board regarding a deadline extension request is not appealable.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/31/2012)
StatusGovernor Action - Signed (04/02/2012)
Client Position

Bill: HB12-1085
Title: Hearsay Exception For Developmentally Disabled
House SponsorsR. Fields (D)
Senate SponsorsM. Carroll (D)
Official Summary

The bill creates a statutory exception to the hearsay rule of evidence to admit an otherwise inadmissible out-of-court statement made by a person with a developmental disability in:

    • Any criminal or delinquency proceeding in which the person is alleged to have been a victim;
    • Instances in which the person's statement describes all orpart of any of certain sexual offenses performed with, by, on, or in the presence of the person in a criminal or civil proceeding in which a person is charged with committing a sexual assault, unlawful sexual contact, or sexual assault on a client by a psychotherapist;
    • Instances in which the person's statement describes any act of child abuse in any criminal, delinquency, or civil proceeding in which a child is alleged to be a victim of child abuse or alleged to be neglected or dependent; and
    • Instances in which the person's statement describes all orpart of an offense involving homicide or a related offense or describing an act of domestic violence in any criminal, delinquency, or civil proceeding in which a child is alleged to be a victim of an offense involving homicide or a related offense or a victim of an act of domestic violence.
    • The new hearsay exception shall apply only if:
    • The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and
    • The person either testifies at the proceedings or isunavailable as a witness and there is corroborative evidence of the act that is the subject of the statement.
    • If such a statement is admitted, the court shall instruct the jury in the final written instructions that during the proceeding the jury heard evidence repeating an out-of-court statement by a person with a developmental disability, that it is for the jury to determine the weight and credit to be given the statement, and that, in making the determination, the jury shall consider the nature of the statement, the circumstances under which the statement was made, and any other relevant factor.

 

 

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/29/2012)
StatusGovernor Action - Signed (04/03/2012)
Client PositionSupport

Bill: HB12-1100
Title: Pregnancy & Evidence Of Substance Use
House SponsorsK. Summers (R)
Senate SponsorsI. Aguilar (D)
Official Summary

The bill makes the results of any information related to substance use obtained as part of a screening or test performed for the purpose of determining pregnancy or providing prenatal care inadmissible in any criminal proceeding.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/29/2012)
StatusGovernor Action - Signed (03/09/2012)
Client PositionSupport

Bill: HB12-1140
Title: Suicide Prevention For Minors Family Education
House SponsorsM. Jones (D)
Senate SponsorsL. Newell (D)
Official Summary

The Colorado department of public health and environment (department) is designated in statute as the coordinator for suicide prevention programs throughout the state. The bill adds as a duty of the department, in its coordinator role, that the department require all hospitals that it licenses or certifies to educate parents, relatives, or friends to whom a minor who attempts suicide or displays suicidal gestures will be released from the hospital regarding the warning signs of suicide and suicide prevention.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/27/2012)
StatusGovernor Action - Signed (05/18/2012)
Client PositionSupport

Bill: HB12-1214
Title: Community College Two-year Degree Programs
House SponsorsJ. Becker (R)
Senate SponsorsN. Spence (R)
J. Nicholson (D)
Official Summary

The bill allows a Colorado community college to offer a two-year degree program with academic designation in nursing or dental hygiene without a valid student transfer agreement.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/18/2012)
StatusGovernor Action - Signed (05/24/2012)
Client Position

Bill: HB12-1325
Title: Methamphetamine Precursor Drug Log And Limits
House SponsorsK. Summers (R)
Senate SponsorsJ. Nicholson (D)
Official Summary

Under current law, during any 24-hour period a person may not knowingly deliver in or from a store to the same individual, and a person may not purchase from a store, more than 3.6 grams of a methamphetamine precursor drug, or a combination of 2 or more methamphetamine precursor drugs. The bill changes the 24-hour period to a period of one calendar day. The bill adds more than 9 grams of methamphetamine precursor drugs during a 30-day period to those prohibitions. A store is required to check a customer's identification before selling the methamphetamine precursor drug and keep a log of each sale.

Beginning January 1, 2013, a store before completing a precursor sale must electronically submit the required information to the national precursor log exchange if the system is available without a charge to stores for access. If the sale would result in the store or purchaser violating the quantity limits, the system will generate a stop sale alert. The person shall not complete the sale if the system generates a stop sale alert; except that the person may make the sale if he or she has a reasonable fear of imminent bodily harm if the sale is not completed. If the electronic system is unavailable, the store must keep a log until the system becomes available. There is an exception for stores that make fewer than 10 transactions during a 7-day period. The Colorado bureau of investigation will receive weekly reports from the national precursor log exchange and can allow Colorado law enforcement agencies to access the exchange. The provisions preempt any local ordinances.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/30/2012)
StatusSenate Committee on Appropriations Refer Amended to Senate Committee of the Whole (05/10/2012)
Client Position

Bill: SB12-020
Title: Immunity For Reporters Of Overdoses
House SponsorsK. Summers (R)
Senate SponsorsI. Aguilar (D)
Official Summary

A person and one or two other persons acting in concert with the person are immune from arrest and criminal prosecution for any of the following offenses if the offense arises from the same criminal episode or course of events from which an emergency drug or alcohol overdose event (event) arose; the person reports the event in good faith to a law enforcement agency or to the 911 system; the person and, if applicable, one or two other persons remain at the scene of the event until a law enforcement officer or an emergency medical responder arrives; and the person and, if applicable, one or two other persons identify themselves to, and cooperate with, the law enforcement officer or emergency medical responder:

  • Unlawful possession of a controlled substance;
  • Unlawful use of a controlled substance;
  • Unlawful distribution, manufacturing, dispensing, or saleof a controlled substance if the offense is based upon the transfer of a controlled substance from the person to another person for no remuneration;
  • Unlawful possession of 12 ounces or less of marijuana or3 ounces or less of marijuana concentrate;
  • Open and public display, consumption, or use of less than2 ounces of marijuana;
  • Transferring or dispensing 2 ounces or less of marijuanafrom one person to another for no consideration;
  • Unlawful use or possession of synthetic cannabinoids orsalvia divinorum;
  • Unlawful distribution, manufacturing, dispensing, sale, orcultivation of synthetic cannabinoids or salvia divinorum if the offense is based upon the transfer of synthetic cannabinoids or salvia divinorum from the person to another person for no consideration;
  • Possession of drug paraphernalia; and
  • Illegal possession or consumption of ethyl alcohol by anunderage person.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/01/2012)
StatusGovernor Action - Signed (05/29/2012)
Client Position

Bill: SB12-033
Title: Child Fatality Reviews
House SponsorsT. Massey (R)
Senate SponsorsL. Guzman (D)
Official Summary

The bill defines the terms "near fatalities" and "incidents of egregious abuse or neglect" and adds the review of those events to the responsibilities of the department of human services child fatality review team. Counties are required to notify the department of human services (department) of any suspicious near fatality or incident of egregious abuse or neglect. The department is required to promulgate rules concerning confidential information for different types of incidents.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (01/18/2012)
StatusGovernor Action - Signed (04/13/2012)
Client PositionSupport

Bill: SB12-037
Title: Electronic Prescription Controlled Substances
House SponsorsD. Young (D)
Senate SponsorsS. King (R)
Official Summary

Under current law, a pharmacy is prohibited from dispensing a prescribed schedule II, III, IV, or V controlled substance absent a written prescription from the practitioner prescribing the substance. The bill allows a pharmacy to dispense those controlled substances if the practitioner electronically creates and transmits the prescription drug order in conformance with federal law.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/04/2012)
StatusGovernor Action - Signed (03/22/2012)
Client Position

Bill: SB12-046
Title: Discipline In Public Schools
House SponsorsB. Nikkel (R)
C. Levy (D)
Senate SponsorsL. Newell (D)
E. Hudak (D)
Official Summary

Legislative Task Force to Study School Discipline. The bill amends the statutory grounds for suspension or expulsion of a student to increase the discretion of school administrators and school district boards of education (local boards). The only circumstances under which expulsion remains mandatory are those that involve a student who is determined to have brought a firearm to school or possessed a firearm at school. The bill defines the terms "suspension", "in-school suspension", "out-of-school suspension", and "expulsion".

The bill relocates, with substantive amendments, certain statutory provisions concerning school conduct and discipline codes (codes) and safe school reporting requirements.

Each code shall include criteria distinguishing minor code violations from behavior that will result in the referral of an offending student to a law enforcement agency. Each code shall include a specific policy concerning the prevention of sexual assault and domestic violence.

Each public school of a school district shall require each student enrolled in the public school to be familiar with the provisions of the code.

In creating and enforcing a code, each local board shall:

    • Ensure that the code is designed to protect students from harm, provide opportunities for students to learn from their mistakes, foster a positive learning community, keep students in school, and implement a graduated set of age-appropriate responses to misconduct that are fair and proportionate in relation to each student's individual conduct;
    • To the extent practicable, limit the use of out-of-school suspensions and expulsions to incidents that involve conduct that poses a serious and credible threat to the safety of pupils and staff; and
    • To the extent practicable, use prevention, intervention, restorative justice, peer mediation, counseling, and other approaches to address student misconduct.
    • In creating a code, each local board shall solicit and consider input from the school district accountability committee of the school district and a local or statewide law enforcement agency.

To the extent practicable, each local board shall assist teachers and other school employees, as may be appropriate, in obtaining training in conflict resolution in and out of the classroom, disciplinary alternatives, and restorative justice for the purpose of preventing violations of the school district's code.

If a student is suspended from school, the suspending authority shall provide an opportunity for the student to make up school work during the period of suspension for full academic credit.

The report of code violations that is required of each school principal as part of the safe school reporting requirements shall specifically identify each violation that resulted in referral to a law enforcement agency.

On and after October 1, 2012, the peace officer standards and training (P.O.S.T.) board shall create and provide a training curriculum to prepare peace officers to serve as school resource officers. In creating the training curriculum, the P.O.S.T. board shall solicit and, to the extent -2- SB12-04

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/02/2012)
StatusHouse Second Reading Laid Over Daily (05/09/2012)
Client PositionSupport

Bill: SB12-064
Title: Colorado Children's Trust Fund
House SponsorsT. Massey (R)
Senate SponsorsJ. Nicholson (D)
Official Summary

The bill clarifies that Colorado children's trust fund moneys must be used for prevention, rather than intervention, programs, and extends its repeal to July 1, 2022.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (01/23/2012)
StatusGovernor Action - Signed (03/24/2012)
Client Position

Bill: SB12-065
Title: Prior Authorization Form Prescription Drugs
House Sponsors
Senate SponsorsJ. Morse (D)
Official Summary

The bill requires the commissioner of insurance to develop by July 1, 2013, and requires prescribing providers and health benefit plans to use by January 1, 2014, a uniform prior authorization form for purposes of submitting and receiving requests for prior coverage approval of a prescription drug. If the health benefit plan fails to use or accept the prior authorization form or fails to respond to a request within 2 business days, the request is deemed granted. An approved prior authorization form is valid for 12 months after the date of approval.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/15/2012)
StatusSenate Committee on Health and Human Services Postpone Indefinitely (05/02/2012)
Client Position

Bill: SB12-079
Title: Safe2tell Program Revisions School Safety
House SponsorsA. Stephens (R)
Senate SponsorsS. King (R)
Official Summary

The bill amends the safe2tell program (program) as follows:

  • Removes the references in the article to the "hotline" to clarify that the program receives information through various methods of transmission in addition to telephone calls;
  • Clarifies the existing structure of the program as a single program and reflects the proper name of the program;
  • Clarifies that information received by the program through methods established by the program is confidential and is not subject to subpoena except under certain conditions.
  • The bill includes interoperable communications providers and the

program as community partners in the school response framework.

Materials that are confidential pursuant to the statute shall not be released for public inspection as a public record.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (03/08/2012)
StatusGovernor Action - Signed (03/24/2012)
Client PositionSupport

Bill: SB12-108
Title: Medicaid Dental Services Pregnant Women
House SponsorsK. Summers (R)
Senate SponsorsJ. Nicholson (D)
Official Summary

The bill includes dental services as a benefit for pregnant women under Colorado's medicaid program. The implementation date is January

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/16/2012)
StatusHouse Second Reading Laid Over Daily (05/09/2012)
Client PositionSupport

Bill: SB12-154
Title: Responsible Medical Marijuana Vendor Standards
House SponsorsC. Duran (D)
Senate SponsorsL. Tochtrop (D)
Official Summary

A person who wants to operate a responsible medical marijuana vendor server and seller training program (program) must submit an application to the medical marijuana state licensing authority (authority).

The authority shall approve a program if the program contains, at a minimum, the following components:

    • Program standards that specify, at a minimum, who mustattend, the time frame for new staff to attend, recertification requirements, record-keeping, testing and assessment protocols, and effectiveness evaluations; and
    • A core curriculum of pertinent statutory and regulatoryprovisions, which curriculum includes:
      • Information on licenses required, age requirements,patient registry cards issued by the department of public health and environment, maintenance of records, privacy issues, and unlawful acts;
      • Administrative and criminal liability and license andcourt sanctions;
      • Statutory and regulatory requirements for employeesand owners;
      • Acceptable forms of identification, including patientregistry cards and associated documents and procedures; and
      • Local and state licensing and enforcement, whichmay include, but need not be limited to, key statutes and rules affecting patients, owners, managers, and employees.
    • The state medical marijuana licensing authority may grant a licensed medical marijuana business (business) a "responsible vendor" designation (designation). A business receives the designation if all employees who sell or handle medical marijuana, all managers, and all resident on-site owners successfully complete a program that the authority has approved. A designation is valid for 2 years from the date of issuance.  If a licensing authority brings an administrative action against a business that has received the designation, the licensing authority shall consider the designation as mitigation.

 

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2012)
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/03/2012)
Client Position
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