SENATE BILL 98167
BY SENATORS Feeley, Ament, Arnold, Bishop, Chlouber, Coffman, Congrove, Dennis, Lamborn, Hernandez, Johnson, Martinez, Norton, Pascoe, Perlmutter, Phillips, Powers, Rizzuto, Rupert, Schroeder, Tebedo, Thiebaut, and Weddig;
also REPRESENTATIVES Snyder, Alexander, Hagedorn,
Keller, Mace, Nichol, Tool, Tupa, Udall, and Zimmerman.
CONCERNING THE CREATION OF A STATEWIDE GULF WAR SYNDROME
REGISTRY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 251107
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
251107. Powers and duties
of the department repeal. (1) The
department has, in addition to all other powers and duties imposed
upon it by law, the following powers and duties:
(hh) TO ESTABLISH AND MAINTAIN A STATEWIDE
GULF WAR SYNDROME REGISTRY PURSUANT TO PART 19 OF ARTICLE 4 OF
THIS TITLE PROVIDING FOR COMPILATION AND ANALYSIS OF INFORMATION
REGARDING INCIDENCE, DIAGNOSIS, TREATMENT, AND TREATMENT OUTCOMES
OF VETERANS OR FAMILY MEMBERS OF VETERANS SUFFERING FROM GULF
WAR SYNDROME.
SECTION 2. Article
4 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW PART to read:
PART 19
GULF WAR SYNDROME REGISTRY
2541901. Short title. THIS
PART 19 SHALL BE KNOWN AND MAY BE CITED AS THE "GULF WAR
SYNDROME REGISTRY ACT".
2541902. Definitions. AS
USED IN THIS PART 19, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "BIRTH DEFECT" MEANS ANY
PHYSICAL OR MENTAL ABNORMALITY OR CONDITION, INCLUDING ANY SUSCEPTIBILITY
TO ANY ILLNESS OR CONDITION OTHER THAN NORMAL CHILDHOOD ILLNESSES
OR CONDITIONS.
(2) "DEPARTMENT" MEANS THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT.
(3) "FAMILY MEMBER" MEANS A
SPOUSE OR A CHILD OF A VETERAN WHO SERVED IN THE GULF WAR.
(4) "GULF WAR SYNDROME" MEANS
THE WIDE RANGE OF PHYSICAL AND MENTAL CONDITIONS, PROBLEMS, AND
ILLNESSES, INCLUDING BIRTH DEFECTS, EXPERIENCED BY VETERANS AND
FAMILY MEMBERS THAT ARE CONNECTED WITH A VETERAN'S SERVICE IN
THE ARMED FORCES OF THE UNITED STATES DURING THE GULF WAR.
(5) "REGISTRY" MEANS THE GULF
WAR SYNDROME REGISTRY CREATED IN SECTION 2541903.
(6) "VETERAN" MEANS A PERSON
WHO IS A RESIDENT OF THIS STATE, WHO SERVED ON AND AFTER AUGUST
2, 1990, BUT PRIOR TO DECEMBER 31, 1991, DURING THE GULF WAR IN
THE SOUTHWEST ASIA THEATER OF OPERATIONS, WHICH INCLUDES IRAQ,
KUWAIT, SAUDI ARABIA, THE NEUTRAL ZONE BETWEEN IRAQ AND SAUDI
ARABIA, BAHRAIN, QATAR, THE UNITED ARAB EMIRATES, OMAN, THE GULF
OF ADEN, THE GULF OF OMAN, THE PERSIAN GULF, THE ARABIAN SEA,
THE RED SEA, AND THE AIRSPACE ABOVE THESE LOCATIONS.
2541903. Gulf war syndrome
registry creation reporting.
(1) THERE IS HEREBY CREATED A STATEWIDE GULF WAR SYNDROME
REGISTRY THAT SHALL BE ESTABLISHED AND MAINTAINED BY THE DEPARTMENT.
THE REGISTRY SHALL CONTAIN THE NAMES OF VETERANS AND FAMILY MEMBERS
OF VETERANS WHO HAVE BEEN AFFECTED BY GULF WAR SYNDROME AS REPORTED
BY PHYSICIANS, HEALTH CARE PROFESSIONALS, HOSPITALS, OR MEDICAL
FACILITIES AS PROVIDED IN SUBSECTION (2) OF THIS SECTION OR AS
REPORTED BY VETERANS ON FORMS PRESCRIBED BY THE DEPARTMENT. THE
REGISTRY SHALL ALSO CONTAIN THE NAMES OF CHILDREN WITH CANCER
OR BIRTH DEFECTS WHO HAVE AT LEAST ONE PARENT THAT IS A VETERAN
OF THE GULF WAR, AND WHO SUBMIT INFORMATION TO THE REGISTRY AS
PROVIDED IN SUBSECTION (4) OF THIS SECTION.
(2) A PHYSICIAN OR OTHER QUALIFIED HEALTH
CARE PROFESSIONAL WHO HAS PRIMARY RESPONSIBILITY FOR TREATING
A VETERAN OR A FAMILY MEMBER OF A VETERAN AND WHO BELIEVES THE
VETERAN MAY HAVE BEEN EXPOSED TO CERTAIN CAUSATIVE AGENTS WHILE
SERVING IN THE ARMED FORCES OF THE UNITED STATES DURING THE GULF
WAR SHALL SUBMIT A REPORT TO THE DEPARTMENT ON A FORM PROVIDED
BY THE DEPARTMENT. IF THERE IS NO PHYSICIAN OR OTHER QUALIFIED
HEALTH CARE PROFESSIONAL HAVING PRIMARY RESPONSIBILITY FOR TREATING
THE VETERAN OR THE VETERAN'S FAMILY MEMBER, THE HOSPITAL OR OTHER
MEDICAL FACILITY TREATING THE VETERAN OR FAMILY MEMBER SHALL SUBMIT
THE REPORT TO THE DEPARTMENT. NO REPORT SHALL BE SUBMITTED PURSUANT
TO THIS SUBSECTION (2) UNLESS CONSENT OF THE VETERAN OR, IF THE
REPORT INVOLVES A FAMILY MEMBER OF THE VETERAN, OF THE AFFECTED
FAMILY MEMBER HAS BEEN OBTAINED. IF THE REPORT INVOLVES A PERSON
WHO IS UNDER THE AGE OF EIGHTEEN YEARS, CONSENT SHALL BE OBTAINED
FROM A PARENT OR LEGAL GUARDIAN OF THE CHILD.
(3) THE FORM PROVIDED BY THE DEPARTMENT
TO VETERANS AND TO PHYSICIANS OR OTHER QUALIFIED HEALTH CARE PROFESSIONALS,
HOSPITALS, OR OTHER MEDICAL FACILITIES SHALL REQUEST THE FOLLOWING
INFORMATION:
(a) SYMPTOMS OF THE VETERAN OR FAMILY
MEMBER OF THE VETERAN THAT MAY BE RELATED TO EXPOSURE TO CAUSATIVE
AGENTS DURING THE GULF WAR;
(b) DIAGNOSES OF THE VETERAN OR FAMILY
MEMBER OF THE VETERAN;
(c) METHODS OF TREATMENT PRESCRIBED;
(d) OUTCOME OR RESULTS OF ANY TREATMENT
PRESCRIBED.
(4) THE DEPARTMENT SHALL CONTACT THE FAMILIES
OF ANY CHILD BORN AFTER AUGUST 2, 1990, WHO IS ON THE STATE CANCER
REGISTRY OR WHO HAS BEEN REPORTED TO THE DEPARTMENT AS HAVING
BIRTH DEFECTS TO DETERMINE WHETHER EITHER OF THE TWO BIOLOGICAL
PARENTS OF SUCH CHILD IS A VETERAN OF THE GULF WAR. IF EITHER
PARENT DID SERVE, THE DEPARTMENT SHALL INFORM THE FAMILY OF THE
CHILD ABOUT THE REGISTRY. IF THE FAMILY CONSENTS, THE CHILD'S
NAME AND ANY SYMPTOMS, DIAGNOSES, METHODS OF TREATMENT, AND TREATMENT
OUTCOMES SHALL BE LISTED IN THE REGISTRY.
2541904. Gulf war syndrome
advisory committee creation. (1) THERE
IS HEREBY CREATED A GULF WAR SYNDROME ADVISORY COMMITTEE TO ADVISE
THE DEPARTMENT ON THE IMPLEMENTATION OF THE GULF WAR SYNDROME
REGISTRY AND TO ANALYZE THE DATA COLLECTED FROM THE REGISTRY.
THE ADVISORY COMMITTEE SHALL CONSIST OF ELEVEN MEMBERS. ONE
OF THE MEMBERS SHALL BE THE STATE EPIDEMIOLOGIST FOR THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT. THE REMAINING TEN MEMBERS SHALL
BE APPOINTED BY THE GOVERNOR FOR TERMS OF THREE YEARS; EXCEPT
THAT, OF THE MEMBERS FIRST APPOINTED, FIVE SHALL BE APPOINTED
FOR THREE YEARS AND FIVE SHALL BE APPOINTED FOR TWO YEARS. WHENEVER
A VACANCY EXISTS, THE GOVERNOR SHALL APPOINT A MEMBER FOR THE
REMAINING PORTION OF THE UNEXPIRED TERM. OF THE MEMBERS APPOINTED
BY THE GOVERNOR, ONE MEMBER SHALL BE A TOXICOLOGIST, ONE MEMBER
SHALL BE A LICENSED PHYSICIAN WHO SPECIALIZES IN NEUROLOGY, ONE
MEMBER SHALL BE A LICENSED PHYSICIAN WHO SPECIALIZES IN OBSTETRICS
AND GYNECOLOGY, ONE MEMBER SHALL BE A LICENSED PHYSICIAN WHO SPECIALIZES
IN PEDIATRICS, ONE MEMBER SHALL BE A LICENSED PHYSICIAN WHO SPECIALIZES
IN ONCOLOGY, ONE MEMBER SHALL BE A MEMBER OF THE COLORADO BOARD
OF VETERANS AFFAIRS, THREE MEMBERS SHALL BE VETERANS, AT LEAST
TWO OF WHOM SHALL BE VETERANS OF THE GULF WAR, AND ONE MEMBER
SHALL BE A MEMBER OF THE PUBLIC.
(2) THE ADVISORY COMMITTEE SHALL ELECT
A CHAIRPERSON AND SHALL MEET AS OFTEN AS NECESSARY. MEMBERS OF
THE ADVISORY COMMITTEE SHALL SERVE WITHOUT COMPENSATION.
(3) THE ADVISORY COMMITTEE SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(a) TO ADVISE THE DEPARTMENT ON THE IMPLEMENTATION
OF THE REGISTRY;
(b) TO ASSIST AND ADVISE THE DEPARTMENT
ON THE KINDS OF INFORMATION THAT SHOULD BE REQUESTED FOR AND COMPILED
IN THE REGISTRY;
(c) TO ANALYZE THE DATA COLLECTED FROM
THE REGISTRY, MAKE FINDINGS BASED ON THE INFORMATION COLLECTED
FROM THE REGISTRY, AND REPORT SUCH FINDINGS PURSUANT TO SECTION
2541905;
(d) TO MONITOR STUDIES OR OTHER ACTIONS
THAT OTHER STATES AND THE FEDERAL GOVERNMENT ARE TAKING TO ADDRESS
THE PROBLEMS AND IMPACTS OF THE GULF WAR ON VETERANS AND THEIR
FAMILY MEMBERS;
(e) TO MAKE RECOMMENDATIONS ABOUT LEGISLATION
OR PUBLIC HEALTH EFFORTS NEEDED TO ADDRESS GULF WAR SYNDROME.
2541905. Reports
confidentiality of information collected.
(1) THE ADVISORY COMMITTEE SHALL COMPILE, ANALYZE,
AND EVALUATE THE INFORMATION AND DATA SUBMITTED TO THE REGISTRY.
THE ADVISORY COMMITTEE SHALL SUBMIT AN ANNUAL REPORT WITH ITS
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO THE GOVERNOR, THE
STATE BOARD OF HEALTH, AND THE HEALTH, ENVIRONMENT, WELFARE, AND
INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE
SENATE.
(2) ALL INFORMATION OBTAINED FROM OR CONCERNING
A VETERAN OR AN INDIVIDUAL ON THE REGISTRY SHALL BE CONFIDENTIAL;
EXCEPT THAT RELEASE MAY BE MADE OF SUCH INFORMATION FOR STATISTICAL
PURPOSES IN A MANNER SUCH THAT NO INDIVIDUAL PERSON CAN BE IDENTIFIED.
(3) A PHYSICIAN OR OTHER QUALIFIED HEALTH
CARE PROFESSIONAL, A HOSPITAL, OR MEDICAL FACILITY THAT COMPLIES
WITH THE PROVISIONS OF THIS PART 19 SHALL NOT BE HELD CIVILLY
OR CRIMINALLY LIABLE FOR PROVIDING INFORMATION REQUIRED BY THIS
PART 19.
2541906.
Gulf war syndrome registry fund. THE DEPARTMENT IS AUTHORIZED
TO ACCEPT AND EXPEND GRANTS, DONATIONS, AND GIFTSINKIND
FROM PRIVATE AND PUBLIC SOURCES FOR THE PURPOSES OF MAINTAINING
AND PUBLICIZING THE REGISTRY CREATED IN THIS PART 19; EXCEPT THAT
THE REGISTRY SHALL NOT BE IMPLEMENTED UNTIL SUFFICIENT GRANTS,
DONATIONS, AND GIFTS ARE OBTAINED TO SUPPORT ITS IMPLEMENTATION.
ONCE SUFFICIENT FUNDS ARE OBTAINED TO IMPLEMENT THE REGISTRY,
THE DEPARTMENT SHALL CONTRACT WITH A PRIVATE ENTITY TO PERFORM
ANY OF ITS DUTIES CONCERNING THE REGISTRY. ANY GRANTS, DONATIONS,
AND GIFTS SHALL BE CREDITED TO THE GULF WAR SYNDROME REGISTRY
FUND, WHICH FUND IS HEREBY CREATED IN THE STATE TREASURY. THE
MONEYS IN SAID FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY
THE GENERAL ASSEMBLY FOR THE PURPOSE OF IMPLEMENTING THE GULF
WAR SYNDROME REGISTRY. ALL INTEREST DERIVED FROM THE DEPOSIT
AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE
FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE FUND AND
SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE
STATE AT THE END OF ANY FISCAL YEAR.
SECTION 3. No
appropriation. The general assembly has determined that this
act can be implemented within existing appropriations, and therefore
no separate appropriation of state moneys is necessary to carry
out the purposes of this act.
SECTION 4. Future appropriations.
It is the intent of the general assembly that this act can be
implemented in the future within existing FTE allocations and
that no separate appropriations of state moneys for FTE's will
be necessary to carry out the provisions of this act.
SECTION 5. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO