NOTE: The governor signed this measure on 6/10/2016.
      
      
      HOUSE BILL 16-1160
      
      
      BY REPRESENTATIVE(S) Ginal and Lontine, Esgar, Primavera, Ryden,
      Becker K., Fields, Kraft-Tharp, McCann, Pabon, Priola, Rosenthal, Young;
      also SENATOR(S) Tate, Aguilar, Garcia, Heath, Newell, Todd.
      
      
      Concerning the continuation of the surgical assistant and
           surgical technologist registration program, and, in
           connection therewith, making an appropriation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-43.2-102, amend
      (1) (a) and (2) (a) as follows:
      
           12-43.2-102.  Registration - penalty - renewal - database - fees
      - rules. (1)  On and after April 1, 2011:
      
           (a)  No A person may not perform the duties of a surgical assistant
      or surgical technologist unless the person is registered by the director.
      Prior to registration, a person shall submit to a criminal history
      record check in the form and manner as described in section
      12-43.2-105.5.
      
           (2) (a)  Registrations made pursuant to this article are valid for the
      period of time established by the director. Each registrant shall renew his
      or her registration according to a schedule set by the director. If a registrant
      does not renew his or her registration according to the schedule, the
      registration expires. A person whose registration has expired shall not
      perform the duties of a surgical assistant or surgical technologist until he
      or she reinstates the registration. The director shall not reinstate the
      registration until the person submits to a criminal history record
      check in the form and manner as described in section 12-43.2-105.5.
      
           SECTION 2.  In Colorado Revised Statutes, 12-43.2-104, add (3)
      as follows:
      
           12-43.2-104.  Employers - requirements - references. (3)  An
      employer who requires a registrant applying for employment to
      submit to a drug test shall forward to the director any
      confirmed positive drug test results for a controlled substance
      that is not subject to a valid prescription.
      
           SECTION 3.  In Colorado Revised Statutes, add 12-43.2-105.5 as
      follows:
      
           12-43.2-105.5.  Criminal history record check required. Each
      applicant for registration shall have his or her fingerprints
      taken by a local law enforcement agency for the purpose of
      obtaining a fingerprint-based criminal history record check. The
      applicant is required to submit payment by certified check or
      money order for the fingerprints and for the actual costs of the
      record check at the time the fingerprints are submitted to the
      Colorado bureau of investigation. Upon receipt of fingerprints
      and receipt of the payment for costs, the Colorado bureau of
      investigation shall conduct a state and national
      fingerprint-based criminal history record check utilizing records
      of the Colorado bureau of investigation and the federal bureau
      of investigation and shall forward the results of the criminal
      history record check to the director.
      
           SECTION 4.  In Colorado Revised Statutes, amend 12-43.2-107
      as follows:
      
           12-43.2-107.  Repeal of article. This article is repealed, effective
      September 1, 2016 2021. Prior to such repeal, the registration of surgical
      assistants and surgical technologists shall be reviewed as provided in
      section 24-34-104, C.R.S.
      
           SECTION 5.  In Colorado Revised Statutes, 24-34-104, repeal
      (47.5) (b); and add (52.5) (f) as follows:
      
           24-34-104.  General assembly review of regulatory agencies and
      functions for termination, continuation, or reestablishment. (47.5)  The
      following agencies, functions, or both, shall terminate on September 1,
      2016:
      
           (b)  The registration of surgical assistants and surgical technologists
      pursuant to article 43.2 of title 12, C.R.S.;
      
           (52.5)  The following agencies, functions, or both, terminate on
      September 1, 2021:
      
           (f)  The registration of surgical assistants and surgical
      technologists pursuant to article 43.2 of title 12, C.R.S.
      
           SECTION 6.  Appropriation. (1)  For the 2016-17 state fiscal year,
      $114,188 is appropriated to the department of public safety for use by the
      Colorado bureau of investigation. This appropriation is from the Colorado
      bureau of investigation identification unit fund created in section
      24-33.5-426, C.R.S. To implement this act, the bureau may use this
      appropriation as follows:
      
           (a)  $29,835 for personal services related to identification, which
      amount is based on an assumption that the unit will require an additional
      0.6 FTE; and
      
           (b)  $84,353 for operating expense related to identification.
      
           (2)  For the 2016-17 state fiscal year, $32,342 is appropriated to the
      department of regulatory agencies. This appropriation is from the division
      of professions and occupations cash fund created in section 24-34-105 (2)
      (b) (I), C.R.S. To implement this act, the department may use this
      appropriation as follows:
      
           (a)  $17,140 for use by the division of professions and occupations
      for personal services, which amount is based on an assumption that the
      division will require an additional 0.3 FTE; and
      
           (b)  $15,202 for the purchase of legal services.
      
           (3)  For the 2016-17 state fiscal year, $15,202 is appropriated to the
      department of law. This appropriation is from reappropriated funds
      received from the department of regulatory agencies under paragraph (b)
      of subsection (2) of this section and is based on an assumption that the
      department of law will require an additional 0.1 FTE. To implement this
      act, the department of law may use this appropriation to provide legal
      services for the department of regulatory agencies.
      
           SECTION 7.  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
      10, 2016, if adjournment sine die is on May 11, 2016); 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 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO