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Title 12 Recodification Project

2019 Proposed Draft Legislation

After conducting more than a dozen stakeholder meetings during the 2018 interim to obtain feedback and input on proposals to structurally reorganize Title 12 of the Colorado Revised Statutes, the Office of Legislative Legal Services has compiled the proposals into a single draft bill to recodify Title 12 and will be presenting the draft bill to the Committee on Legal Services for its consideration at the committee's meeting on Wednesday, December 12, 2018, at 9 a.m. in House Committee Room 0107 in the basement of the State Capitol Building. The draft bill, available through the below link, is currently under internal OLLS review and is therefore subject to technical revisions. A draft bill summary and table of contents for the reorganized title are also available below. Note that due to technical coding issues, the portion of the draft bill regarding the nursing home administrators practice act does not contain appropriate indications of stricken language and new language. Accordingly, the proposal regarding nursing home administrators, as it will appear in the bill, is also linked below. 

Bill Draft

Nursing Home Administrators Practice Act for Bill Draft

Bill Summary Draft

Table of Contents

Title 12 Recodification Project Background

In 2016, the General Assembly enacted S.B. 16-163, which directs the Office of Legislative Legal Services (OLLS) to conduct a study of an organizational recodification of Title 12 of the Colorado Revised Statutes governing the regulation of professions and occupations. Since then, the OLLS staff have worked with stakeholders to draft two dozen bills, all passed by the General Assembly, to relocate 36 articles and parts from Title 12 (and four provisions from Title 24) to their more appropriate titles in the Colorado Revised Statutes, including a newly created Title 44 for those activities under the regulatory authority of the Department of Revenue. For more background, click here.

Title 12 currently contains only laws pertaining to professions or occupations regulated by the Department of Regulatory Agencies through either the Division of Real Estate or the Division of Professions and Occupations.

The next -- and final -- phase of the Title 12 Recodification Project involves identifying redundant and nearly duplicative provisions and combining them into common provisions that could, when appropriate, apply broadly to many of the professions and occupations regulated under Title 12.

As in the past, the OLLS staff will solicit input from any affected and interested representatives from the professions and occupations regulated under Title 12 and interested members of the public, as well as state and local government agencies. The goal is to formulate specific recodification proposals and begin writing draft legislation during the interim for introduction in the 2019 legislative session.

How can you participate in the project?

Final Proposal Documents

Articles 10 and 15
Articles 10 - Division of Real Estate and Article 15 - Division of Conservation
Article 20 - General Common Provisions
12-20-403. Disciplinary Procedures - Final Proposal
12-20-405. Cease-and-desist Orders - Final Proposal
Article 30 - Health Care Professions and Occupations Common Provisions
12-30-101. Michael Skolnik Medical Transparency Act of 2010 - Final Proposal
12-30-102. Solicitation of Accident Victims - Final Proposal
12-30-103. Health Care Prescriber Boards - Final Proposal
12-30-104. NPATCH - Final Proposal
12-30-105. Health Care Work Force Data Collection - Final Proposal
12-30-106. Mammography Report - Final Proposal
12-30-108. Limits on Prescribing Opioids - Final Proposal
12-30-109. Opiate Antagonists - Final Proposal
12-30-201 to 12-30-209. Professional Review of Health Care Providers - Final Proposal
Miscellaneous
Relocate 12-1.5-101 to Title 24

Draft and Redraft Proposal Documents

Table of Contents for Title 12 - Redraft Proposal
Consolidated Common Provisions as of 10-10-2018
General Common Provisions
12-20-102. Definitions - Draft Proposal
12-20-103 to 12-20-105, 12-20-201 and 12-20-203, and 12-20-401. Relocation of Provisions from Part 1 of Article 34 of Title 24 - Redraft Proposal
12-20-204. Rule-making Authority - Redraft Proposal
12-20-402. Immunity - 11/15 Redraft Proposal
12-20-403. Disciplinary Procedures
12-20-404. Disciplinary Authority
Redraft provisions in 12-20-404 (Updated 11/15): Subsection (3) - Waiting period after revocation or surrender and Subsection (4) - Letters of admonition
12-20-406. Injunctive Relief
12-20-407. Unauthorized Practice
12-20-408. Judicial Review
Health Care Professions and Occupations Common Provisions
12-30-107. Confidential Agreements -  Redraft Proposal
Individual Practice Acts
Health Care Practice Acts
Art. 200 - Acupuncturists (Formerly Art. 29.5) - Draft Proposal
Art. 205 - Athletic Trainers (Formerly Art. 29.7) - Draft Proposal
Art. 210 - Audiologists (Formerly Art. 29.9) - Draft Proposal
Art. 215 - Chiropractors (Formerly Art. 33) - Draft Proposal
Art. 220 - Dentists (Formerly Art. 35) - 11/15 Redraft Proposal 
Art. 225 - Direct-entry Midwives (Formerly Art. 37) - Draft Proposal
Art. 230 - Hearing Aid Providers (Formerly Art. 5.5) - Draft Proposal
Art. 235 - Massage Therapists (Formerly Art. 35.5) - Draft Proposal
Art. 240 - Medical Practice (Formerly Art. 36) - Draft Proposal
alArt. 245 - Mental Health (Formerly Art. 43) - 11/26 Redraft Propos
Art. 250 - Naturopathic Doctors (Formerly Art. 37.3) - Draft Propsal
Art. 255 - Nurses (Formerly Art. 38) - Draft Proposal
Art. 260 - Nurse Aides (Formerly Art. 38.1) - Draft Proposal
Art. 265 - Nursing Home Administrators (Formerly Art. 39) - Draft Proposal
Art. 270 - Occupational Therapy (Formerly Art. 40.5) - Draft Proposal
Art. 280 - Pharmacists (Formerly Art. 42.5) - Draft Proposal
Art. 285 - Physical Therapists (Formerly Art. 41) - Draft Proposal
Art. 290 - Podiatrists (Formerly Art. 32) - Draft Proposal
Art. 295 - Psychiatric Technicians (Formerly Art. 42) - Draft Proposal
Art. 300 - Respiratory Therapists (Formerly Art. 41.5) - Draft Proposal
Art. 305 - Speech-language Pathologists (Formerly Art. 43.7) - Draft Proposal
Art. 310 - Surgical Assistants and Surgical Technologists (Formerly Art. 43.2) - 11/15 Redraft Proposal
Art. 315 - Veterinarians (Formerly Art. 64) - 11/16 Redraft Proposal
Business Practice Acts
Art. 100 - Accountants (Formerly Art. 2) - 11/15 Redraft Proposal
Art. 105.  Barbers and Cosmetologists (Formerly Art. 8) - Redraft Proposal
Art.-110 - Combative Sports (Formerly Art. 10) - 11/15 Redraft Proposal
Art. 120 - Engineers, Surveyors, and Architects (Formerly Art. 25) - 11/16 Redraft Proposal
Art.125 - Fantasy Contests (Formerly Art. 15.5) - Redraft Proposal
Art. 130 - Landscape Architects (Formerly Art. 45) - Redraft Proposal
Art. 135 - Mortuaries and Crematories (Formerly Art. 54) - Redraft Proposal
Art. 140 - Nontransplant Tissue Banks (Formerly Art. 54.5) - Redraft Proposal 
Art. 145 - Outfitters and Guides (Formerly Art. 55.5) - Redraft Proposal
Art. 150 - Passenger Tramway Operators (Formerly 25-5-701 to 25-5-721) - Redraft Proposal 
Art. 155 - Plumbers (Formerly Art. 58) - Redraft Proposal
Art. 160 - Private Investigators (Formerly Art. 58.5) - Redraft Proposal

 

    Legislation Signed Into Law

    Relocate Various Articles from Title 12 and Title 24 to Other Titles in the Colorado Revised Statutes

     

    Bill Topic Articles Affected Session Law
    Relocate Auto Industry Division To Title 44 Article 6 of Title 12 SB 18‑030
    Relocate Title 12 Marijuana To New Title 44 Articles 43.3 & 43.4 of Title 12 HB 18‑1023
    Relocate Title 12 Liquor Laws To Title 44 Articles 46, 47, & 48 of Title 12 HB 18‑1025
    Relocate Title 12 Liquor Division Fund To Title 44 Part 4 of Article 35 of Title 24 HB 18‑1026
    Title 12 Relocation (Firearms, Dealers, & Background Checks-Gun Shows, "Colorado Parental Notification Act", & Unsworn Declarations) Articles 26, 26.1, 37.5, and Part 3 of Article 55 of Title 12 SB 18‑032
    Relocate Title 12 Gaming To New Title 44 Articles 47.1 & 47.2 of Title 12 SB 18‑034
    Relocate Title 24 Gambling Intercept To Title 44 Part 6 of Article 35 of Title 24 SB 18‑035
    Relocate Title 24 Lottery To New Title 44 Part 2 of Article 35 of Title 24 HB 18‑1027
    Relocate Title 12 Racing to New Title 44 Article 60 of Title 12 HB 18‑1024
    Relocate Title 24 Tobacco Sales Minors To Title 44 Part 5 of Article 35 of Title 24 SB 18‑036
    Relocate Title 12 Regulation Of Financial Institutions Articles 13 & 52 of Title 12 SB 17‑226
    Relocate Title 12 Fireworks Article 28 of Title 12 SB 17‑222
    Relocate Title 12 Dance Hall And Escort And Pawnbroker Articles 18, 25.5, & 56 of Title 12 SB 17‑228
    Relocate Title 12 Farm Products And Warehouses Article 16 of Title 12 SB 17‑225
    Relocate Title 12 Driving Schools Article 15 of Title 12 SB 17‑224
    Relocate Title 12 Attorneys-at-law Article 5 of Title 12 SB 17‑227
    Relocate Dead Human Bodies Title 12 Recodification Article 34 of Title 12 SB 17‑223
    Relocate Title 12 Private Occupational Schools Article 59 of Title 12 HB 17‑1239
    Relocate Title 12 Credit Debt Services Articles 14, 14.1, 14.3, & 14.5 of Title 12 HB 17‑1238
    Relocate Title 12 Wholesale Sales Representatives Article 66 of Title 12 HB 17‑1243
    Relocate Title 12 Cemeteries Article 12 of Title 12 HB 17‑1244
    Relocate Title 12 Public Establishments Parts 1 & 3 of Article 44 of Title 12 HB 17‑1245
    Relocate Title 12 Colorado Department Of Public Health And Environment Articles 29.3 & 30 of Title 12 HB 17‑1240
    Relocate Title 12 Indian Arts And Crafts Sales Article 44.5 of Title 12 HB 17‑1241

    Miscellaneous

    Bill Topic Subject Matter Session Law
    Title 12 Recodification Study One-year Extension ‑ Extend Title 12 project through September 1, 2019 SB 18‑031
    Correct Statutory Citation In Rule Without Hearing Allow agencies to correct statutory citations in the Code of Colorado Regulations without notice, comment, or a hearing by submitting to the secretary of state a specific, written determination by the attorney general HB 17‑1006

     

    Why is recodification needed?

    A more rational organization of Title 12 would make the title easier to understand, administer, and amend because:

    • Title 12 is Voluminous
      • Contains nearly 1500 pages
      • Addresses not only laws governing professions and occupations regulated by the Department of Regulatory Agencies, but other areas of law not truly a "profession or occupation", impacting 7 principal state departments, the judicial branch, local governments, and medical schools
      • Articles that do not pertain to the regulation of a profession or occupation may be better located within the organic statutes for the department that administers the article
    • Title 12 is Disorganized
      • Almost a third of the articles have been repealed, but the numbers for those articles cannot be reused absent a recodification
      • Another third of the articles have been squeezed in between previous articles (like 43.2, 43.3, 43.4, etc.) in an effort to add new regulated professions and occupations in alphabetical order
    • Title 12 is Repetitive
      • Many articles contain duplicative language that could be consolidated into a general or common provisions article that could apply broadly to all professions and occupations

    If you have any questions or comments about the study, contact:

    Thomas Morris
    303-866-4218
    Christy Chase
    303-866-2008