NOTE: The governor signed this measure on 5/19/2014.
      
      
      SENATE BILL 14-173
      
      
      BY SENATOR(S) Jahn and King, Crowder, Guzman, Herpin, Hill,
      Newell, Nicholson, Steadman, Heath, Kefalas, Kerr, Roberts, Schwartz,
      Tochtrop, Todd, Ulibarri;
      also REPRESENTATIVE(S) Singer and McNulty, Gardner, Gerou, Kagan,
      Landgraf, Melton, Tyler, Becker, Fields, Pettersen, Primavera, Rosenthal,
      Ryden, Schafer, Vigil, Young.
      
      
      Concerning the recommendation that certain persons be offered
           a test for the hepatitis C virus.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1. Legislative declaration. (1)  The general assembly
      hereby finds and declares that:
      
           (a)  More than seventy-five percent of adults with hepatitis C are
      baby boomers born between 1945 and 1965;
      
           (b)  The number of hepatitis C infections is five times higher among
      persons born between 1945 and 1965 than among adults born in other years
      and most do not know that they are infected;
      
           (c)  As baby boomers age, there is a greater chance that they will
      develop serious, life-threatening liver disease from hepatitis C;
      
           (d)  Testing people will help them learn if they are infected and get
      them into lifesaving care and treatment;
      
           (e)  Early diagnosis and treatment of hepatitis C can help prevent
      liver damage, cirrhosis, and liver cancer; and
      
           (f)  The federal center for disease control and prevention
      recommends that anyone born from 1945 to 1965 get tested for hepatitis C.
      
           (2)  Therefore, it is the recommendation of the general assembly that
      health care providers offer hepatitis C screenings to people born between
      1945 and 1965.
      
           SECTION 2.  In Colorado Revised Statutes, add 25-4-2005 as
      follows:
      
           25-4-2005. Hepatitis C testing - recommendations - definitions.
      (1)  The department recommends that each primary health care
      provider or physician, physician assistant, or nurse practitioner
      who treats a patient in an inpatient or outpatient setting may
      offer a person born between the years of 1945 and 1965 a hepatitis
      C screening test or hepatitis C diagnostic test unless the health
      care provider providing such services reasonably believes that:
      
           (a)  The patient is being treated for a life-threatening
      emergency;
      
           (b)  The patient has previously been offered or has been the
      subject of a hepatitis C screening; or
      
           (c)  The patient lacks capacity to consent to a hepatitis C
      screening test.
      
           (2)  If a patient accepts the offer of a hepatitis C screening
      test and the screening test is reactive, the health care provider
      may either offer the patient follow-up health care or refer the
      individual to a health care provider who can provide follow-up
      health care, including a hepatitis C diagnostic test.
      
           (3)  The health care provider shall make the offer of a
      hepatitis C screening to the patient in a linguistically and
      culturally appropriate manner, as determined by rules
      promulgated by the department.
      
           (4)  Nothing in this section affects the scope of practice of
      a health care provider or diminishes any authority or legal or
      professional obligation of a health care provider to offer a
      hepatitis C screening test or hepatitis C diagnostic test or to
      provide services or care for the subject of a hepatitis C screening
      test or hepatitis C diagnostic test.
      
           (5)  As used in this section, unless the context otherwise
      requires:
      
           (a)  "Hepatitis C diagnostic test" means a laboratory test or
      tests that detect the presence of hepatitis C virus in the blood
      and provide confirmation of whether the patient has a hepatitis
      C infection.
      
           (b)  "Hepatitis C screening test" means a federal food and
      drug administration-approved rapid point of care test or other
      food and drug administration-approved tests that detect the
      presence of hepatitis C virus antibodies in the blood.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      6, 2014, if adjournment sine die is on May 7, 2014); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      Morgan Carroll                        Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO