NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 07-043
      
      
      BY SENATOR(S) Mitchell S., Brophy, Harvey, May R., Spence, Groff,
      Kester, Kopp, Penry, Renfroe, Schultheis, Taylor, Ward, Wiens, McElhany,
      and Tochtrop;
      also REPRESENTATIVE(S) Todd, Balmer, Cadman, Gardner C., Kerr J.,
      Liston, Looper, Lundberg, Marostica, Stafford, Swalm, White, Witwer,
      Gardner B., Green, Hicks, Lambert, Massey, May M., Roberts, Stephens,
      and Summers.
      
      
      Concerning an exemption from civil liability for certain health
           care providers who render emergency assistance to persons
           injured in scholastically sponsored competitive sports.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Article 21 of title 13, Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW SECTION to read:
      
           13-21-108.2.  Persons rendering emergency assistance -
      competitive sports - exemption from civil liability.  (1) (a)  Except as
      provided in subsection (2) of this section, a person licensed as a
      physician, osteopath, chiropractor, nurse, physical therapist,
      podiatrist, dentist, or optometrist or certified as an emergency
      medical technician under title 25, C.R.S., who, in good faith and
      without compensation, renders emergency care or emergency
      assistance, including but not limited to sideline or on-field care
      as a team health care provider, to an individual requiring
      emergency care or emergency assistance as a result of having
      engaged in a competitive sport, is not liable for civil damages as
      a result of acts or omissions by the physician, osteopath,
      chiropractor, nurse, physical therapist, podiatrist, dentist, or
      optometrist or person certified as an emergency medical
      technician under title 25, C.R.S.
      
           (b)  The provisions of this subsection (1) shall apply to the
      rendering of emergency care or emergency assistance to a minor
      even if the physician, osteopath, chiropractor, nurse, physical
      therapist, podiatrist, dentist, or optometrist or the person
      certified as an emergency technician under title 25, C.R.S., does
      not obtain permission from the parent or legal guardian of the
      minor before rendering the care or assistance, provided however,
      that if a parent or guardian refuses the rendering of emergency
      care, this subsection (1) shall not apply.
      
           (2)  The exemption from civil liability described in subsection
      (1) of this section shall not apply to:
      
           (a)  Acts or omissions that constitute gross negligence or
      willful and wanton conduct; or
      
           (b)  Acts or omissions that are outside the scope of the
      license held by the physician, osteopath, chiropractor, nurse,
      physical therapist, podiatrist, dentist, or optometrist or outside
      the scope of the certificate held by a person who is certified as an
      emergency medical technician under title 25, C.R.S.
      
           (3)  As used in this section, "competitive sport" means a sport
      conducted as part of a program sponsored by a public or private
      school that provides instruction in any grade from kindergarten
      through twelfth grade, or sponsored by a public or private
      college or university or by any league, club, or organization that
      promotes sporting events.
      
           (4)  The general assembly declares that the intent of this
      section is to clarify and not to expand or limit the scope of section
      13-21-108.
      
           SECTION 2.  Effective date - applicability.  This act shall take
      effect July 1, 2007, and shall apply to emergency care and emergency
      assistance rendered on or after said date.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Joan Fitz-Gerald                      Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO