HB 19-1172

Abstract

Professions and occupations - organizational recodification of laws. Title 12 of the Colorado Revised Statutes relates primarily to the regulation of professions and occupations. In 2016, the general assembly enacted Senate Bill 16-163, which authorized a multi-year project to recodify title 12. In 2017 and 2018, the General Assembly enacted numerous bills to relocate from title 12 to other titles in the Colorado Revised Statutes all laws that do not relate to the regulation of professions and occupations. After the passage of those relocation bills, title 12 generally contains only laws administered by the department of regulatory agencies (DORA) that regulate a profession or occupation. Section 1 of the act recodifies title 12, as contemplated by Senate Bill 16-163, by: Reorganizing and renumbering articles and parts within the title, all of which are administered by the division of real estate, the division of conservation, or the division of professions and occupations (DPO) within DORA; Relocating into title 12 statutes in part 1 of article 34 of title 24 of the Colorado Revised Statutes relating to the creation, powers, and duties of DPO in administering the laws regulating professions and occupations (practice acts); Creating common provisions that are generally applicable to all practice acts administered by DPO, except as otherwise specified, and modifying the various practice acts to eliminate redundancies with the common provisions; and Eliminating provisions in title 12 that are archaic or obsolete. Article 1 of the recodified title 12 contains provisions that apply to the entire title. Article 10 includes the laws governing real estate, including the division of real estate within DORA, while article 15 includes laws governing conservation easements, including the division of conservation within DORA. The remainder of the title relates to professions and occupations regulated by DPO within DORA. Article 20 includes laws relocated from title 24 relating to the creation of DPO and DPO's powers and duties and consolidated common provisions derived from the practice acts that relate to procedures, immunity, disciplinary and enforcement authority, and judicial review of final orders of DPO and the regulatory boards within DPO. Article 30 includes common provisions governing health care professions and occupations regulated by DPO, including the "Michael Skolnik Medical Transparency Act of 2010", health care work force data collection requirements, and opioid prescribing limitations. Articles 100 to 315 contain the practice acts governing individual professions and occupations regulated by DPO. The comparative tables detailing how the act reorganized and renumbered specific provisions in title 12 is located at . Section 2 of the act relocates a law that prohibits the mandatory donation of services from title 12 to the "Administrative Organization Act of 1968" in title 24. Section 3 repeals relocated provisions from titles 24 and 25. To give agencies time to make necessary adjustments to their rules and forms, section 265 delays the effective date of the act until October 1, 2019. (Note: This summary applies to this bill as enacted.) Read More