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HOUSE BILL 26-1044
BY REPRESENTATIVE(S) English and Joseph, Ricks, Bacon,
Boesenecker, Brown, Camacho, Carter, Clifford, Duran, Goldstein,
Jackson, Lieder, Lindsay, Nguyen, Phillips, Rutinel, Sirota, Story, Titone,
Velasco, Willford, McCluskie, Mabrey, Valdez;
also SENATOR(S) Exum and Benavidez, Amabile, Ball, Bridges, Cutter,
Danielson, Daugherty, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker,
Marchman, Mullica, Roberts, Rodriguez, Snyder, Wallace, Weissman,
Coleman.
CONCERNING MEASURES TO IMPROVE EQUITY IN MATERNAL HEAL TH.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-240-130.5, amend
(7) introductory portion and (7)(b )(11) as follows:
12-240-130.5. Continuing medical education - requirement -
compliance -legislative declaration -rules -definitions.
(7) The board shall prnmnlgate ADOPT rules necessary to implement
a physician CME requirement in accordance with this section. In addition
to any other rules, the board shall adopt rules:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(b) (II) The board shall initiate a stakeholder process to consider
requiring, for general practice and for all specialties, specific CME credit
hours relating to health disparities and outcomes data; reproductive, sexual,
and gender-based health care; CULTURAL COMPETENCE AND EQUITY IN
MATERNAL CARE; and explicit and implicit bias, including the number and
frequency of CME credit hours.
SECTION 2. In Colorado Revised Statutes, amend 12-255-129 as
follows:
12-255-129. Continuing education -rules.
In addition to any other authority conferred upon the board by this
part 1, the board is authorized to require no more than twenty hours of
continuing education every two years as a condition of renewal of licenses
and to establish procedures and standards for the educational requirements.
The board shall, to assure that the continuing education requirements
imposed do not have the effect of restraining competition among providers
of the education, recognize a variety of alternative means of compliance
with the requirements. The board shall adopt rules that are necessary to
carry out the prnvisions of this section in accordance with article 4 of title
24, INCLUDING RULES THAT EMPHASIZE ATTENTION TO CULTURAL
COMPETENCE AND EQUITY IN ACCORDANCE WITH SECTION 12-30-119.
SECTION 3. In Colorado Revised Statutes, 25-1.5-701, add (3) as
follows:
25-1.5-701. Health survey for birthing parents.
(3) IN ADDITION TO THE MULTIYEAR SURVEY DESCRIBED IN
SUBSECTIONS (1) AND (2) OF THIS SECTION, SUBJECT TO AVAILABLE
APPROPRIATIONS, THE DEPARTMENT MAY IMPLEMENT A STANDARDIZED,
ANONYMOUS SURVEY OF ADDITIONAL INDIVIDUALS IN COLORADO WHO HA VE
RECENTLY GIVEN BIRTH. THE SURVEY MAY COVER HEALTH AND SAFETY
TOPICS, AS DESCRIBED IN SUBSECTION ( 1) OF THIS SECTION, OR ADDITIONAL
TOPICS. THEDEPARTMENTSHALLDETERMINETHEFORMATFORTHESURVEY
AND MAY DESIGN THE SURVEY SO THAT THE SURVEY MAY BE TAKEN, AND
RESULTS MAY BE COMPILED, ELECTRONICALLY.
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SECTION 4. In Colorado Revised Statutes, 25-3-126, add (1.5) as
follows:
25-3-126. Health facilities - health-care practitioners -
requirements related to labor and childbirth - rules - definitions.
(1.5) Required notice to birthing parents.
(a) No LATER THAN JANUARY 1, 2027, A HEALTH FACILITY SHALL
MAKE ELECTRONICALLY AVAILABLE TO A BIRTHING PARENT AND A BIRTHING
PARENT'S COMPANION OR FAMILY MEMBER, IF APPLICABLE, AND IN PRINT IF
REQUESTED:
(I) A REQUIRED NOTICE TO BIRTHING PARENTS OF THE COMPONENTS
OF RESPECTFUL LABOR AND CHILDBIRTH, INCLUDING:
(A) A BIRTHING PARENT'S RIGHT TO BE FREE FROM HARM AND
MISTREATMENT;
(B) RESPECT FOR A BIRTHING PARENT'S DIGNITY, PRIVACY, AND
CONFIDENTIALITY;
(C) A BIRTHING PARENT'S RIGHT TO INFORMED CHOICE AND
CONSENT;
(D) THE RIGHT TO HAVE A BIRTHING COMPANION AND A FAMILY
MEMBER WITH THE BIRTHING PARENT DURING BIRTH;
(E) EQUITABLE AND HIGH-QUALITY CARE FOR A BIRTHING PARENT
THAT IS EVIDENCE-BASED, FREE FROM DISCRIMINATION, AND CULTURALLY
SENSITIVE; AND
(F) EFFECTIVE COMMUNICATION, DURING WHICH HEALTH-CARE
PRACTITIONERS INTRODUCE THEMSELVES, EXPLAIN THEIR ROLES, AND
WELCOME QUESTIONS AND CONCERNS FROM A BIRTHING PARENT OR THE
BIRTHING PARENT'S BIRTHING COMPANION OR FAMILY MEMBER; AND
(II) INFORMATION, INCLUDING TELEPHONE CONTACT INFORMATION,
CONCERNING WHERE TO FILE A COMPLAINT WITH THE APPROPRIATE ST A TE OR
FEDERAL OFFICE OR AGENCY RELATING TO THE BIRTHING PROCESS THAT
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ALLEGES THE FOLLOWING:
(A) DISCRIMINATION BASED ON DISABILITY, RACE, CREED, COLOR,
SEX, SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION,
MARITAL STATUS, NATIONAL ORIGIN, ANCESTRY, OR AGE;
(B) UNPROFESSIONAL CONDUCTOR NEGLIGENT MEDICAL CARE FROM
A LICENSED HEALTH-CARE PRACTITIONER, INCLUDING FAILURE TO PROVIDE
INFORMED CONSENT;
(C) .UNSAFE CONDITIONS OR FAILURE TO ALLOW VISITATION RIGHTS
SPECIFIED IN SECTION 25-3-125, INCLUDING ALLOWING A BIRTHING
COMPANION OR DOULA IN ADDITION TO A PARTNER OR SPOUSE TO BE
PRESENT DURING LABOR AND BIRTH, AT A LICENSED HEALTH FACILITY; OR
(D) VIOLATIONOFSTATEORFEDERALPRIVACY ANDSECURITYLAWS,
INCLUDING THE FEDERAL "HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191, AS AMENDED, AND ITS
IMPLEMENTING REGULATIONS.
(b) THE REQUIREMENTS SET FORTH IN THIS SUBSECTION ( 1.5):
(I) Do NOT APPLY TO LABOR AND CHILDBIRTH POLICIES DESCRIBED
IN SUBSECTION (2) OF THIS SECTION RELATING TO A BIRTHING INDIVIDUAL
WHO IS IN CUSTODY; AND
(II) Do NOT CREATE A PRIVATE RIGHT OF ACTION AGAINST A HEALTH
FACILITY, A HEALTH FACILITY EMPLOYEE, A PERSON WITH WHOM THE
HEALTH FACILITY HAS A CONTRACTUAL RELATIONSHIP, OR A LICENSED
HEALTH-CARE PRACTITIONER FOR FAILING TO COMPLY WITH THIS
SUBSECTION ( 1.5).
SECTION 5. In Colorado Revised Statutes, 25-52-104, amend
(5)(c)(II), (5)(c)(III), and (6)(a) introductory portion; and add (5)(c)(IV),
(5.3), and (6)(a)(VI) as follows:
25-52-104. Colorado maternal mortality review committee -
creation -members -duties -report to the general assembly -maternal
health task force.
PAGE 4-HOUSE BILL 26-1044
(5) The department shall:
( c) Incorporate input and feedback from:
(II) Multidisciplinary, nonprofit organizations representing per sons
INDIVIDUALS who are pregnant or in the postpartum period, with a focus on
persons INDIVIDUALS from racial and ethnic minority groups; and
(Ill) Multidisciplinary, community-based organizations that provide
support or advocacy for persons INDIVIDUALS who are pregnant or in the
postpartum period, with a focus on persons INDIVIDUALS from racial and
ethnic minority groups; AND
(IV) THE MATERNAL HEALTH TASK FORCE DESCRIBED IN SUBSECTION
(5.3) OF THIS SECTION;
(5.3) AS PART OF THE FEDERAL GRANT THAT THE DEPARTMENT
ADMINISTERS THROUGH THE STATE MATERNAL HEALTH INNOVATION AND
DATA CAPACITY PROGRAM OF THE HEALTH RESOURCES AND SERVICES
ADMINISTRATION IN THE FEDERAL DEPARTMENT OF HUMAN SERVICES, THE
DEPARTMENT HAS ESTABLISHED THE MATERNAL HEALTH TASK FORCE,
REFERRED TO IN THIS SUBSECTION (5.3) AS THE "TASK FORCE", WHICH IS
CONVENED BY THE DEPARTMENT AND THE PERINATAL QUALITY
COLLABORATIVE. SUBJECT TO AVAILABLE GRANT FUNDING FOR THE TASK
FORCE, THE DEPARTMENT SHALL ENSURE THAT AT LEAST ONE MATERNAL
HEALTH ADVOCATE REPRESENTING POPULATIONS KNOWN TO HA VE THE
WORST MATERNAL MORTALITY OUTCOMES IN COLORADO SERVES ON THE
TASK FORCE. IN ADDITION TO OTHER DUTIES, THE TASK FORCE PROVIDES
INPUT AND FEEDBACK TO THE DEPARTMENT AND TO THE COMMITTEE
CONCERNING POPULATIONS KNOWN TO HA VE THE WORST MATERNAL
MORTALITY OUTCOMES IN COLORADO AND THE SUSPECTED OR KNOWN
CAUSES OF THOSE OUTCOMES.
(6) (a) No later than July 1, 2020, and July 1 every three years
thereafter THROUGH JULY 1, 2025, AND, COMMENCING OCTOBER 1, 2026,
AND OCTOBER 1 EVERY THREE YEARS THEREAFTER, the department shall
submit a report to the house of representatives committees on public and
beha\1 ior al health and human set vices and health and insurance HEAL TH AND
HUMAN SERVICES COMMITTEE and the senate committee on health and
human services COMMITTEE, or their successor committees. The report must
PAGE 5-HOUSE BILL 26-1044
include:
(VI) CERTAIN MATERNAL HEALTH OUTCOMES THAT ARE IDENTIFIED
FOR POPULATIONS KNOWN TO HAVE THE WORST MATERNAL MORTALITY
OUTCOMES IN COLORADO.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 6-HOUSE BILL 26-1044
the support and maintenance of the departments of the state and state
institutions.
Ju~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
\}~ ~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED oh iV'LSol~ '(\t\"-f S~ W2--fo ~-\ ):~
(Date and ime) \
TATE OF COLORADO
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