HOUSE BILL 971039
BY REPRESENTATIVES Veiga, Bacon, Chavez, Gordon, Hagedorn, Mace, Reeser, Romero, Snyder, and T. Williams;
also SENATORS Blickensderfer, Bishop, J. Johnson,
and Linkhart.
CONCERNING A MANDATORY WAITING PERIOD BEFORE A HEALTH
CARE PRACTITIONER MAY SOLICIT AN ACCIDENT VICTIM.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
29.1 of title 12, Colorado Revised Statutes, 1991 Repl. Vol.,
is amended BY THE ADDITION OF A NEW SECTION to read:
1229.1102. Solicitation
of accident victims waiting period.
(1) EXCEPT AS PERMITTED BY SUBSECTION (2) OF THIS SECTION,
NO HEALTH CARE PRACTITIONER LICENSED UNDER ARTICLES 29.5 TO 43
OF THIS TITLE OR HIS OR HER AGENT SHALL ENGAGE IN SOLICITATION
FOR PROFESSIONAL EMPLOYMENT CONCERNING A PERSONAL INJURY UNLESS
THE INCIDENT FOR WHICH EMPLOYMENT IS SOUGHT OCCURRED MORE THAN
THIRTY DAYS PRIOR TO THE SOLICITATION.
(2) THIS SECTION SHALL NOT APPLY TO ANY
PERSON PROVIDING EMERGENCY HEALTH CARE AT THE TIME OF THE INCIDENT
OR FOLLOWUP REFERRALS TO PHYSICIANS FROM THE EMERGENCY HEALTH
CARE PROVIDERS.
(3) AS USED IN THIS SECTION, "SOLICITATION"
MEANS AN INITIAL CONTACT INITIATED IN PERSON, THROUGH ANY FORM
OF ELECTRONIC OR WRITTEN COMMUNICATION, OR BY TELEPHONE, TELEGRAPH,
OR FACSIMILE, ANY OF WHICH IS DIRECTED TO A SPECIFIC INDIVIDUAL,
UNLESS SAID CONTACT IS REQUESTED BY THE INDIVIDUAL, A MEMBER OF
THE INDIVIDUAL'S FAMILY, OR THE INDIVIDUAL'S AUTHORIZED REPRESENTATIVE.
"SOLICITATION" DOES NOT INCLUDE RADIO, TELEVISION, NEWSPAPER,
OR YELLOW PAGES ADVERTISEMENTS.
(4) ANY AGREEMENT MADE IN VIOLATION OF
THIS SECTION IS VOIDABLE AT THE OPTION OF THE INDIVIDUAL SUFFERING
THE PERSONAL INJURY OR THE INDIVIDUAL'S AUTHORIZED REPRESENTATIVE.
SECTION 2. Effective
date applicability. This act shall take effect
July 1, 1997, and shall apply to injuries sustained on or after
said date.
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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO