First Regular Session

Sixty-first General Assembly

LLS NO. 97­0720.01D MTJ HOUSE BILL 97­1332

STATE OF COLORADO

BY REPRESENTATIVE Pankey;

also SENATOR Congrove.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING THE ELIMINATION OF STATEWIDE POISON CONTROL SERVICES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Repeals authorization of the department of health care policy and financing to provide statewide poison control services. Repeals the "Poison Control Act".

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  25.5­1­201 (1) (h), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is repealed as follows:

25.5­1­201.  Programs to be administered by the department of health care policy and financing. (1)  Programs to be administered and functions to be performed by the department of health care policy and financing shall be as follows:

(h)  The provision of poison control services as follows:

(I)  Repealed.

(II)  For the fiscal year beginning July 1, 1995, and fiscal years thereafter, to provide poison control services on a statewide basis and to provide for the dissemination of information concerning the care and treatment of individuals exposed to poisonous substances pursuant to article 2 of this title;

SECTION 2.  Repeal. Article 2 of title 25.5, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is repealed.

SECTION 3.  35­9­109 (3) and (4), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

35­9­109.  Confidentiality. (3)  When a treating physician or the poison control service provider selected pursuant to section 25.5­2­103, C.R.S., determines that a medical emergency exists and information submitted to the commissioner pursuant to section 35­9­107 (1) (d) is necessary for emergency or first­aid treatment, the commissioner may immediately disclose the information necessary to that treating physician. or to such poison control service provider. The commissioner shall require such treating physician or such poison control service provider to submit to the commissioner a statement of need for such information and a confidentiality agreement, in the form and manner the commissioner shall designate, as soon as circumstances permit.

(4)  If the treating physician, or the poison control service provider, after receiving confidential information regarding a pesticide, determines that there is a need to disclose the information to another health professional, including a physician or a toxicologist, due to an immediate health emergency, whether public or individual, the treating physician or the poison control service provider shall so inform the commissioner. The commissioner shall require confidentiality from any such health professional to whom the confidential information is disclosed.

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.