NOTE: The governor signed this measure on 4/26/2012.
      
      
      HOUSE BILL 12-1297
      
      
      BY REPRESENTATIVE(S) Gardner B., Barker, Ryden, Waller, Brown,
      Labuda;
      also SENATOR(S) Tochtrop, Aguilar.
      
      
      Concerning the committee on anticompetitive conduct, and, in
           connection therewith, continuing the committee's statutory
           authorization until September 1, 2013.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-36.5-106, add (14)
      as follows:
      
           12-36.5-106.  Committee on anticompetitive conduct - repeal -
      legislative declaration. (14)  This section is repealed, effective
      September 1, 2013. Prior to such repeal, the general assembly
      anticipates that there will be, and declares its support for,
      constructive discussion among licensed professionals and other
      interested parties to consider the proper role, structure, and
      functions of the committee on anticompetitive conduct and to
      recommend legislation on this subject for consideration during
      the 2013 regular session.
      
           SECTION 2.  In Colorado Revised Statutes, 12-36.5-104, amend
      (10) (a) and (10) (b) introductory portion; and repeal (10) (b) (I) as follows:
      
           12-36.5-104.  Establishment of professional review committees
      - function - rules. (10) (a)  The records of a professional review committee
      and a governing board or the committee on anticompetitive conduct shall
      are not be subject to subpoena or discovery and shall are not be admissible
      in any civil suit brought against a physician who is the subject of such
      records.
      
           (b)  Notwithstanding the provisions of paragraph (a) of this
      subsection (10), such records shall be are subject to subpoena and available
      for use:
      
           (I)  By the committee on anticompetitive conduct;
      
           SECTION 3.  In Colorado Revised Statutes, amend 12-36.5-107 as
      follows:
      
           12-36.5-107.  Repeal of article. This article is repealed, effective
      July 1, 2012 September 1, 2013. Prior to such repeal, the department of
      regulatory agencies shall review the functions of professional review
      committees and the committee on anticompetitive conduct shall be reviewed
      in accordance with section 24-34-104, C.R.S.
      
           SECTION 4.  In Colorado Revised Statutes, 13-4-102, amend (2)
      (z) as follows:
      
           13-4-102.  Jurisdiction. (2)  The court of appeals has initial
      jurisdiction to:
      
           (z) (I)  Review final actions of the committee on anticompetitive
      conduct established pursuant to section 12-36.5-106, C.R.S.
      
           (II)  This paragraph (z) is repealed, effective September 1,
      2013.
      
           SECTION 5.  In Colorado Revised Statutes, 24-34-104, amend (43)
      introductory portion; and repeal (43) (h) as follows:
      
           24-34-104.  General assembly review of regulatory agencies and
      functions for termination, continuation, or reestablishment. (43)  The
      following agencies, functions, or both, shall terminate on July 1, 2012:
      
           (h)  The functions of the committee on anticompetitive conduct
      pursuant to article 36.5 of title 12, C.R.S.
      
           SECTION 6.  Effective date. This act takes effect upon passage;
      except that section 2 of this act is effective September 1, 2013, and section
      3 of this act takes effect only if H.B. 12-1300 does not become law.
      
           SECTION 7.  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.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO