First Regular Session
Sixty-first General Assembly
LLS NO. 970021.01 PLC
HOUSE BILL 971094
STATE OF COLORADO
BY REPRESENTATIVE Epps
HEALTH, ENVIRONMENT,
WELFARE & INSTITUTIONS
APPROPRIATIONS
A BILL FOR AN ACT
CONCERNING THE ENHANCEMENT OF ESSENTIAL INFORMATION
PROVIDED BY LICENSED HEALTH CARE PROFESSIONALS, AND MAKING AN
APPROPRIATION THEREFOR.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Establishes the method whereby information regarding the health care professional work force in Colorado is collected by the director of the division of registrations in the department of regulatory agencies through the licensure and registration issuance and renewal processes. Specifies that questions concerning the practice of pharmacists, acupuncturists, podiatrists, chiropractors, dentists, physicians, midwives, nurses, optometrists, physical therapists, psychologists, social workers, marriage and family therapists, and professional counselors will be asked as part of the licensure and registration issuance and renewal processes and that response to the questions is voluntary.
Directs the division of registrations to furnish the information to the department of health care policy and financing so that it may compile demographic and statistical profiles of the health care professional work force in Colorado. Allows an individual to access the information to the extent that information concerning or identifying a specific person is not released. Allows state agencies to access the information providing no information specifying an individual's identity shall appear in any public report. Establishes that information that identifies or may identify individuals is not a public record under state open records laws.
Requires funding to come from grants, gifts, and donations only and prohibits raising license or registration fees to pay for the data collection program except for costs of collection and data entry.
Makes an appropriation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 34 of title 24, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:
PART 10
HEALTH CARE PROFESSIONAL
WORK FORCE INFORMATION COLLECTION
24341001. Short title. THIS PART 10 SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTH CARE PROFESSIONAL WORK FORCE INFORMATION COLLECTION ACT".
24341002. Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE ABILITY OF THE STATE TO ADEQUATELY PLAN FOR APPROPRIATE NUMBERS AND TYPES OF HEALTH CARE PROFESSIONALS AND THE PROPER DISTRIBUTION OF SUCH PROFESSIONALS SO THAT ALL RESIDENTS ARE SERVED IS A MATTER OF PARAMOUNT INTEREST TO THE CITIZENS OF COLORADO.
24341003. Definitions. AS USED IN THIS PART 10, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES.
(2) "HEALTH CARE PROFESSIONAL" MEANS PERSONS LICENSED OR REGISTERED PURSUANT TO ARTICLES 22, 29.5, 32, 33, 35, 36, 37, 38, 40, 41, AND 42 OF TITLE 12, C.R.S., AND PARTS 3, 4, 5, AND 6 OF ARTICLE 43 OF TITLE 12, C.R.S.
24341004. Collection of demographic information on health professionals. (1) (a) NOTWITHSTANDING ANY TYPE 1 TRANSFER, AS SUCH TRANSFER IS DEFINED IN THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1, OF THIS TITLE, THE DIRECTOR SHALL COLLECT INFORMATION PURSUANT TO THIS SECTION PROVIDED BY HEALTH CARE PROFESSIONALS AT THE TIME A LICENSE OR REGISTRATION IS RENEWED.
(b) INFORMATION COLLECTED SHALL BE TRANSMITTED TO THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SO THAT THE DEPARTMENT MAY MAINTAIN SUCH INFORMATION ON AN ACCESSIBLE DATA BASE AND COMPILE STATISTICS ON THE LOCATIONS AND TYPES OF PRACTICES OF HEALTH CARE PROFESSIONALS. STATE AGENCIES, INCLUDING THE UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER, AND THE COMMISSION ON FAMILY MEDICINE, CREATED PURSUANT TO 251902, C.R.S., SHALL HAVE ACCESS TO THE COMPLETE DATA BASE; EXCEPT THAT, ANY INFORMATION THAT SPECIFIES AN INDIVIDUAL'S IDENTITY OR THAT IS UNIQUE TO AN INDIVIDUAL IN SUCH A WAY THAT THE INDIVIDUAL MAY BE IDENTIFIED, SHALL BE EXCLUDED FROM ANY PUBLIC REPORT.
(c) PRIVATE PARTIES SHALL HAVE ACCESS TO DEMOGRAPHIC AND STATISTICAL INFORMATION THROUGH THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING; EXCEPT THAT, NO INFORMATION SPECIFYING A HEALTH CARE PROFESSIONAL'S IDENTITY OR THAT IS UNIQUE TO AN INDIVIDUAL IN SUCH A WAY THAT THE INDIVIDUAL COULD BE IDENTIFIED SHALL BE AVAILABLE.
(2) THE DIRECTOR SHALL DEVELOP QUESTIONS DESIGNED TO COLLECT THE FOLLOWING INFORMATION FROM HEALTH CARE PROFESSIONALS:
(a) PERSONAL DEMOGRAPHIC INFORMATION, INCLUDING:
(I) YEAR OF BIRTH;
(II) GENDER;
(III) ETHNICITY;
(IV) NAME OF TOWN OR CITY WHERE THE HEALTH CARE PROFESSIONAL GREW UP; AND
(V) LICENSE OR REGISTRATION NUMBER;
(b) EDUCATIONAL BACKGROUND INFORMATION, INCLUDING:
(I) ANY DEGREE OBTAINED AND THE SCHOOL AT WHICH IT WAS OBTAINED;
(II) SPECIALTY TRAINING, INCLUDING RESIDENCY LOCATION AND YEARS OF RESIDENCY; AND
(III) BOARD CERTIFICATIONS;
(c) PRACTICE OR WORK INFORMATION, INCLUDING:
(I) CURRENT STATUS AS FULLTIME, PARTTIME, OR RETIRED;
(II) ADDRESS OF PRIMARY WORK LOCATION OR LOCATIONS; AND
(III) OTHER INFORMATION THAT IDENTIFIES THE TYPE, SCOPE, AND WORKING ENVIRONMENT OF THE PRACTICE OF A HEALTH CARE PROFESSIONAL OR THE PRACTICE SETTING IN WHICH A HEALTH CARE PROFESSIONAL WORKS IF THE HEALTH CARE PROFESSIONAL DOES NOT HAVE HIS OR HER OWN PRACTICE. INFORMATION THAT IS PROVIDED UNDER THIS SUBPARAGRAPH (III) IS CONFIDENTIAL UNLESS OTHERWISE SPECIFIED IN THIS SECTION AND SHALL NOT BE CONSIDERED A PUBLIC RECORD UNDER ARTICLE 72 OF THIS TITLE.
(3) RESPONSE TO THE QUESTIONS IS VOLUNTARY AND HEALTH CARE PROFESSIONALS SHALL NOT BE SUBJECT TO ANY SANCTION FOR NOT ANSWERING QUESTIONS POSED PURSUANT TO THIS PART 10.
(4) THE DIRECTOR SHALL MODIFY LICENSURE AND REGISTRATION RENEWAL FORMS SO THAT QUESTIONS ANSWERED DURING THE INITIAL LICENSURE OR REGISTRATION PROCESS OR A PREVIOUS RENEWAL PERIOD NEED NOT BE ANSWERED AGAIN IF THE STATUS OF THE HEALTH CARE PROFESSIONAL HAS NOT CHANGED DURING THE INTERIM.
(5) (a) THERE IS HEREBY CREATED A HEALTH CARE PROFESSIONAL WORK FORCE INFORMATION ADVISORY COMMITTEE.
(b) THE COMMITTEE SHALL INCLUDE THE FOLLOWING INDIVIDUALS OR THE INDIVIDUALS' DESIGNEES:
(I) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES;
(II) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING;
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT; AND
(IV) THE CHANCELLOR OF THE UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER.
(c) THE COMMITTEE SHALL ADVISE THE DIRECTOR ON QUESTIONS THAT ARE ASKED OF HEALTH CARE PROFESSIONALS ON THE RENEWAL FORMS PURSUANT TO THIS PART 10 AND SHALL PROVIDE ASSISTANCE TO THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING IN THE DEPARTMENT'S MAINTENANCE AND DEVELOPMENT OF A DATA BASE BASED UPON THE INFORMATION FURNISHED BY THE DIRECTOR. QUESTIONS ON SUBJECT MATTER NOT SPECIFICALLY ADDRESSED IN SUBSECTION (2) OF THIS SECTION SHALL NOT BE ADDED TO LICENSE OR REGISTRATION RENEWAL FORMS.
(6) THE DIRECTOR MAY PROMULGATE RULES AS NECESSARY TO IMPLEMENT THIS PART 10.
24341005. Funding for expansion of data base fund created. (1) FUNDING FOR THE INITIAL COMPUTER PROGRAMMING, FORM DESIGN, AND HARDWARE COSTS NECESSARY TO IMPLEMENT THIS PART 10 SHALL COME SOLELY FROM GRANTS, GIFTS, AND DONATIONS. NO HEALTH CARE PROFESSIONAL LICENSE OR REGISTRATION FEE SHALL BE USED EXCEPT FOR COSTS NECESSARY TO COLLECT AND INPUT THE INFORMATION ON THE DATA BASE, NOT INCLUDING THE INITIAL COMPUTER PROGRAMMING, FORM DESIGN, AND HARDWARE COSTS NECESSARY TO ESTABLISH THE INITIAL DATA BASE. THE DEPARTMENT OF REGULATORY AGENCIES AND THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING ARE HEREBY AUTHORIZED TO ACCEPT ANY GRANT, GIFT, OR DONATION FOR THE IMPLEMENTATION OF THIS PART 10 TO THE EXTENT THAT THE ACCEPTANCE OF SUCH MONEYS DOES NOT OBLIGATE EITHER DEPARTMENT TO TAKE ANY ACTION THAT IS CONTRARY TO STATE LAW OR POLICY. IF SUFFICIENT GRANT, GIFT, OR DONATION FUNDING TO SUPPORT THE INITIAL COMPUTER PROGRAMMING, FORM DESIGN, AND HARDWARE COSTS IS NOT RECEIVED BY ONE OR BOTH OF THE DEPARTMENTS, THE DEPARTMENT OF REGULATORY AGENCIES, THE DIVISION OF REGISTRATIONS, AND THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING MAY NOT IMPLEMENT THE PROVISIONS OF THIS PART 10.
(2) ALL GRANTS, GIFTS, OR DONATIONS ACCEPTED BY THE DEPARTMENT OF REGULATORY AGENCIES OR THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING FOR THE IMPLEMENTATION OF THIS PART 10 SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE HEALTH CARE PROFESSIONAL WORK FORCE INFORMATION FUND, WHICH FUND IS HEREBY CREATED. ALL MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION FOR COSTS AS PROVIDED IN THIS SECTION. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED TO OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.
SECTION 2. Part 2 of article 1 of title 25.5, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
25.51203. Health care professionals work force information collection. (1) (a) PURSUANT TO PART 10 OF ARTICLE 34 OF TITLE 24, C.R.S., THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SHALL COLLECT INFORMATION FROM THE DIVISION OF REGISTRATIONS CONCERNING HEALTH CARE PROFESSIONALS WHO ARE LICENSED OR REGISTERED PURSUANT TO ARTICLES 22, 29.5, 32, 33, 35, 36, 37, 38, 40, 41, AND 42 OF TITLE 12, C.R.S., AND PARTS 3, 4, 5, AND 6 OF ARTICLE 43 OF TITLE 12, C.R.S.
(b) INFORMATION SHALL BE COLLECTED FROM THE DIVISION OF REGISTRATIONS IN THE FORM THAT THE DIVISION MAINTAINS SUCH INFORMATION FOR LICENSE AND REGISTRATION APPLICATION AND RENEWAL FORM PROCESSING.
(2) THE HEALTH CARE PROFESSIONAL WORK FORCE INFORMATION ADVISORY COMMITTEE CREATED IN SECTION 24341003 (5), C.R.S., SHALL ADVISE THE DEPARTMENT ON HOW TO DESIGN A DATA BASE THAT UTILIZES THE INFORMATION OBTAINED FROM THE DIVISION OF REGISTRATIONS TO PROVIDE THE STATISTICAL AND DEMOGRAPHIC INFORMATION NEEDED TO DETERMINE WHETHER AND TO WHAT EXTENT THE HEALTH CARE NEEDS OF THE STATE ARE NOT MET BY THE CURRENT DISTRIBUTION OF HEALTH CARE PROFESSIONALS.
SECTION 3. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, for the fiscal year beginning July 1, 1997, to the department of regulatory agencies for allocation to the division of registrations, the sum of ____________ dollars ($ ), for the implementation of this act. Of said sum, ______________ dollars ($ ) shall be out of the division of registrations cash fund not otherwise appropriated and ____________ dollars ($ ) shall be out of the health care professional work force fund not otherwise appropriated.
(2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the health care professional work force fund not otherwise appropriated, to the department of health care policy and financing, for the fiscal year beginning July 1, 1997, the sum of ____________ dollars ($ ), or so much thereof as may be necessary, for the implementation of this act.
SECTION 4. 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.