Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0932.01 Yelana Love x2295    HOUSE BILL 16-1201
                    HOUSE SPONSORSHIP
 Willett,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Health, Insurance, & Environment
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the requirement that certain medical
            professionals make a finding regarding the disability
            of a patient who requests the use of an animal as a
            reasonable accommodation in housing when that
            animal does not meet the definition of a service animal.
       
       
                           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.)
       
            The bill requires the following medical professionals, when
       approached by a patient seeking a companion or emotional support
       animal, to make a finding regarding whether the patient has a disability
       or a finding that there is insufficient evidence to make a disability
       determination:
                 Physicians, physician assistants, and anesthesiologist
                 assistants (section 1 of the bill);
                 Nurses (section 2); and
                 Psychologists, social workers, clinical social workers,
                 marriage and family therapists, licensed professional
                 counselors, and addiction counselors (section 3).
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 12-36-142 as
       follows:
            12-36-142.  Licensee duties relating to companion and
       emotional support animals. (1)  A licensee who is approached by a
       patient seeking a companion or emotional support animal as a
       reasonable accommodation in housing shall either:
            (a)  Make a finding regarding whether the patient has a
       disability, as defined in section 24-34-301 (2.5), C.R.S.; or
            (b)  Make a finding that there is insufficient information
       available to make a finding regarding disability.
            (2)  This section does not change any laws or procedures
       related to a service animal, as defined in section 24-34-301 (6.5),
       C.R.S.
            (3)  A licensee shall not make a determination related to
       subsection (1) of this section unless the licensee has met with the
       patient in person.
            (4)  For purposes of this section, "companion or emotional
       support animal" means an animal that provides therapeutic
       benefit to an individual with a mental or psychiatric disability.
            SECTION 2.  In Colorado Revised Statutes, add 12-38-132.5 as
       follows:
            12-38-132.5.  Licensee duties relating to companion and
       emotional support animals. (1)  A licensee who is approached by a
       patient seeking a companion or emotional support animal as a
       reasonable accommodation in housing shall either:
            (a)  Make a finding regarding whether the patient has a
       disability, as defined in section 24-34-301 (2.5), C.R.S.; or
            (b)  Make a finding that there is insufficient information
       available to make a finding regarding disability.
            (2)  This section does not change any laws or procedures
       related to a service animal, as defined in section 24-34-301 (6.5),
       C.R.S.
            (3)  A licensee shall not make a determination related to
       subsection (1) of this section unless the licensee has met with the
       patient in person.
            (4)  For purposes of this section, "companion or emotional
       support animal" means an animal that provides therapeutic
       benefit to an individual with a mental or psychiatric disability.
            SECTION 3.  In Colorado Revised Statutes, add 12-43-226.5 as
       follows:
            12-43-226.5.  Licensee duties relating to companion and
       emotional support animals. (1)  A licensee who is approached by a
       patient seeking a companion or emotional support animal as a
       reasonable accommodation in housing shall either:
            (a)  Make a finding regarding whether the patient has a
       disability, as defined in section 24-34-301 (2.5), C.R.S.; or
            (b)  Make a finding that there is insufficient information
       available to make a finding regarding disability.
            (2)  This section does not change any laws or procedures
       related to a service animal, as defined in section 24-34-301 (6.5),
       C.R.S.
            (3)  A licensee shall not make a determination related to
       subsection (1) of this section unless the licensee has met with the
       patient in person.
            (4)  For purposes of this section, "companion or emotional
       support animal" means an animal that provides therapeutic
       benefit to an individual with a mental or psychiatric disability.
            SECTION 4.  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.