Committee on Legal Services. 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 to other titles all laws that do not relate to the regulation of professions and occupations. Title 12 now generally contains only laws administered by the department of regulatory agencies (DORA) that regulate a profession or occupation.
Section 1 (starting on page 4) of the bill 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 current statutes in article 34 of title 24 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 (page 4) contains provisions that apply to the entire title. Article 10 (page 5) includes the laws governing real estate, including the division of real estate within DORA, while article 15 (page 181) 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 (page 202) 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 (page 251) 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.
The bill organizes the practice acts as follows:
- Business professions and occupations:
- Article 100, accountants (page 311);
- Article 105, barbers and cosmetologists (page 358);
- Article 110, combative sports (page 379);
- Article 115, electricians (page 398);
- Article 120, engineers, surveyors, and architects (page 445);
- Article 125, fantasy contests (page 528);
- Article 130, landscape architects (page 537);
- Article 135, mortuaries and crematories (page 560);
- Article 140, nontransplant tissue banks (page 597);
- Article 145, outfitters and guides (page 603);
- Article 150, passenger tramways (page 621) (this law was relocated from title 25);
- Article 155, plumbers (page 638); and
- Article 160, private investigators (page 679);
- Health care professions and occupations:
- Article 200, acupuncturists (page 699);
- Article 205, athletic trainers (page 722);
- Article 210, audiologists (page 743);
- Article 215, chiropractors (page 763);
- Article 220, dentists and dental hygienists (page 808);
- Article 225, direct-entry midwives (page 887);
- Article 230, hearing aid providers (page 914);
- Article 235, massage therapists (page 928);
- Article 240, medical practice (page 953);
- Article 245, mental health (page 1041);
- Article 250, naturopathic doctors (page 1170);
- Article 255, nurses (page 1206);
- Article 260, nurse aides (page 1281);
- Article 265, nursing home administrators (page 1307);
- Article 270, occupational therapists and occupational therapy assistants (page 1334);
- Article 275, optometrists (page 1364);
- Article 280, pharmacists, pharmacy businesses, and pharmaceuticals (page 1407);
- Article 285, physical therapists and physical therapist assistants (page 1524);
- Article 290, podiatrists (page 1592);
- Article 295, psychiatric technicians (page 1639);
- Article 300, respiratory therapists (page 1653);
- Article 305, speech-language pathologists (page 1675);
- Article 310, surgical assistants and surgical technologists (page 1703); and
- Article 315, veterinarians (page 1720).
Section 2 (page 1763) 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 (page 1764) repeals relocated provisions from titles 24 and 25. To give agencies time to make necessary adjustments to their rules and forms, section 265 (page 1925) delays the effective date of the bill until October 1, 2019.
Sections 4 through 264 (page 1764) contain conforming amendments that are necessitated by the recodification of title 12 to sections of the Colorado Revised Statutes that are codified in other titles.
Comparative tables that show how all sections of the Colorado Revised Statutes that are in the bill have been relocated or repealed are attached as an addendum to the bill (page 1926).
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)