Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0587.02 Jerry Barry x4341    HOUSE BILL 16-1068
                    HOUSE SPONSORSHIP
 Lundeen, Carver
 
                   SENATE SPONSORSHIP
 Lambert, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the regulation of methadone treatment
            facilities.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Current law requires the unit within the department of human
       services that administers behavioral health programs and services (unit)
       to establish standards for facilities that treat drug abusers or dispense
       controlled substances to drug abusers. The bill requires additional
       standards for methadone treatment facilities, including minimum
       distances for such facilities from schools, colleges, and residential child
       care facilities and a disclosure of infractions by the owner of the facility,
       its holding company, or other facilities under the holding company. If
       infractions are disclosed, the unit shall determine whether the public
       interest requires denial of an application or other remedial action.
            The bill also specifies that a methadone treatment facility is not a
       medical clinic for zoning purposes.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 27-82-103, add (1.5)
       as follows:
            27-82-103.  Standards for public and private treatment
       facilities - fees - enforcement procedures - penalties. (1.5) (a)  In
       addition to the standards established pursuant to subsection (1)
       of this section, the unit shall establish additional standards
       for treatment facilities that offer outpatient services that
       include dispensing methadone in the treatment, maintenance, or
       detoxification of persons. The standards must include:
            (I)  A requirement that such a treatment facility approved
       on or after January 1, 2016, shall not be located within one
       thousand feet of a public or private elementary, middle, junior
       high, or high school; the principal campus of a college,
       university, or seminary; a residential child care facility; or a
       public park; and
            (II)  A requirement that the treatment facility disclose to
       the unit all infractions in this state or another state by the
       owner of the treatment facility, its holding company, or any
       other entity under the holding company, including but not
       limited to excessive counselor caseloads, inadequate treatment
       plans for clients, or failure to fully account for all
       controlled substances. A disclosure must include any
       infractions occurring within the previous three years for an
       initial application and for each renewal and within thirty days
       after discovery of any new infraction.
            (b)  If in an application the facility discloses infractions
       pursuant to subparagraph (II) of paragraph (a) of this subsection
       (1.5), the unit shall deny the application or renewal unless the
       unit determines that, despite the infractions, the approval is in
       the public interest due to lack of capacity at alternative
       facilities in the area. If a facility discloses a new infraction, the
       unit shall investigate to determine whether the public interest
       requires that the approval be suspended, revoked, limited, or
       restricted. Prior to making the determination required by this
       paragraph (b), the unit shall conduct a public hearing and
       solicit public input on the issue of public interest.
            SECTION 2.  In Colorado Revised Statutes, 31-23-303, add (2.5)
       as follows:
            31-23-303.  Legislative declaration. (2.5) (a)  For purposes of
       this subsection (2.5), "methadone treatment facility" means a
       facility approved by the department of human services as a
       treatment facility pursuant to section 27-82-103, C.R.S., that
       offers outpatient services that include the dispensing of
       methadone in the treatment, maintenance, or detoxification of
       persons.
            (b)  The general assembly declares that the establishment
       of methadone treatment facilities is a matter of statewide
       concern. Unless approved by the governing body of a
       municipality, a methadone treatment facility shall not be
       considered a medical clinic for zoning purposes.
            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.