| Summary |
The bill clarifies that requirements for out-of-state telehealth
providers do not alter or limit the rights and protections afforded to a
person concerning a legally protected health-care activity.
Current law requires a prescription drug label to include the name
of the prescribing practitioner. At the practitioner's request, the bill
authorizes a prescription label for mifepristone, misoprostol, and the
generic alternatives to those prescriptions to include only the name of the
prescribing health-care practice instead of the name of the practitioner.
The bill requires any person requesting a subpoena to affirm under
penalty of perjury that the subpoena:
•
Is not related to, and any information obtained will not be
used in, any investigation or proceeding that seeks to
impose civil or criminal liability or professional sanctions
against a person or entity that engaged in or attempted or
intended to engage in a legally protected health-care
activity or who provided insurance coverage for
gender-affirming health-care services or reproductive
health care; or
•
Is related to such an investigation or proceeding, but the
investigation or proceeding is brought under tort law or
contract law by the person who engaged in or attempted or
intended to engage in a legally protected health-care
activity, gender-affirming health-care services, or
reproductive health care, and is actionable in an equivalent
or similar manner under Colorado law.
The bill prohibits any person residing in Colorado, or partnership,
corporation, trust, or limited liability company that is located,
headquartered, or has its principal place of business in Colorado
(Colorado business) from responding to a civil, criminal, regulatory, or
administrative inquiry, investigation, subpoena, or summons concerning
an individual who engaged in or attempted or intended to engage in a
legally protected health-care activity or concerning an entity that provides
insurance coverage for gender-affirming health-care services or
reproductive health care. A person or Colorado business may respond to
an inquiry, investigation, subpoena, or summons after certain conditions
are met.
If a person or entity brings an out-of-state civil or criminal action,
or attempts to enforce any order or judgment issued in connection with an
action, against another person or entity for engaging in or attempting or
intending to engage in a legally protected health-care activity or for
providing insurance coverage for gender-affirming health-care services
or reproductive health care, the person or entity subject to the out-of-state
civil or criminal action has a private right of action against the person or
entity and may institute a civil action in district court within 3 years after
the date of the alleged violation.
Current law authorizes a private person to arrest a person without
a warrant upon reasonable information that the person is charged in
another state with a crime punishable by death or imprisonment for a term
exceeding one year. The bill creates an exception if the person is charged
in another state for engaging in a legally protected health-care activity in
Colorado.
Current law prohibits a public agency from expending government
resources or providing information or data in furtherance of any
out-of-state investigation or proceeding seeking to impose civil or
criminal liability or professional sanction upon a person or entity for
engaging in a legally protected health-care activity. The bill expands the
prohibition to public entities, which includes state and local governments.
The bill grants the attorney general the authority to enforce the
provisions of the bill.
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