HB 1296 — Revision to Nurse & Nurse Aide Practice Act

NOTE:

This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.

To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

CCONCERNING ONCERNINGDISCIPLINEFORADVANCEDPRACTICEREGISTEREDNURSESFORDISCIPLINEFORADVANCED PRACTICE REGISTEREDNURSES FOR A FAILURE TO TIMELY COMPLETE A MEDICAL CERTIFICATION FOR A CERTIFICATE OF DEATHDEATH. .

Be it enacted by the General Assembly ofofthe the State ofofColorado: Colorado:

(4) (a) Except when inquiry is required by any provision ofofsection section 30-10-606 other than section 30-10-606 (1)(b),(l)(b), the physician, physician assistant, or advanced practice registered nurse in charge of the patient's care for the illness or condition that resulted in death shall complete the medical certification for the certificate of death within seventy-two hours ________through Capitalwords letters or boldnumbers &indicate italicdeletionsfrom numbersexisting indicatelaw newandsuch material addedis tonotpart existingof law;the act.

dashesafter throughreceipt wordsofthe orelectronic numbersdeath indicateregistration deletionsrequest fromor, existingbefore lawMarch and1, such2024, materialonly, for a physician, physician assistant, or advanced practice registered nurse who is not partyet registered to use and using the electronic death registration system used by the department of public health and environment and the act.state registrar pursuant to subsection (1)(b)(1) ofthis section, within seventy-two hours after receiving notice that a medical certification for a certificate ofdeath must be completed.

afterIn receiptthe absence of the electronicphysician, deathphysician registrationassistant, requestor or,advanced beforepractice Marchregistered 1,nurse 2024,or only,with forthe aphysician's, physician, physician assistant,assistant's, or advanced practice registered nursenurse's whoapproval, isthe notcertificate yetmay registeredbe tocompleted use and usingsigned by an associatephysician,physicianassistant, advancedpracticeregisterednurse, the electronicchiefmedical deathofficer registrationofthe systeminstitution usedin bywhich the departmentdeath ofoccurred, publicor healththe andphysician environmentwho andperformed an autopsy upon the statedecedent, registrarif pursuantsuch individual has access to subsectionthe (1)(b)(I)medical history of thisthe section,case, withinif seventy-twosaid hoursindividual afterviews receivingthe noticedecedent thatat aor medicalafter certificationthe fortime aof certificatedeath, ofand if the death mustis bedue completed.to natural causes.

In the absence of the physician, physician assistant, or advanced practice registered nurse or with the physician's, physician assistant's, or advanced practice registered nurse's approval, the certificate may be completed and signed by an associatephysician,physicianassistant,advancedpracticeregisterednurse, the chief medical officer of the institution in which the death occurred, or the physician who performed an autopsy upon the decedent, if such individual has access to the medical history of the case, if said individual views the decedent at or after the time of death, and if the death is due to natural causes.

(b) (I) On and after March 1, 2024, a physician's OR A physician assistant'soradvancedpracticeregisterednurse'sassistant's repeatedorwillfulfailure01advancedpractice1egiste1ed nmse's repeated orwillful failure without reasonable cause to comply with timely completion of a medical certification for a certificate of death in accordance with subsection (1)(a)(l)(a) of this section and this subsection (4) constitutes unprofessional conduct, as defined in section 12-240-121 (1)(hh).(l)(hh).

(II)(11) OON N AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4)(b)(II),AN(4)(b)(II), AN ADVANCED PRACTICE REGISTERED NURSENURSE'S 'S REPEATED OR WILLFULWILLFULFAILUREWITHOUTREASONABLECAUSETOCOMPLYWITHTIMELY FAILURE WITHOUT REASONABLE CAUSE TO COMPLY WITH TIMELY COMPLETIONOFAMEDICALCERTIFICATIONFORACERTIFICATEOFDEATHIN ACCORDANCE WITH SUBSECTION (1)(a)(l)(a) OF THIS SECTION AND THIS SUBSECTION (4) IS GROUNDS FOR DISCIPLINEDISCIPLINE, , AS DEFINED IN SECTION 12-255-120 (1)(ii).(l)(ii).

(III)(Ill) If an autopsy is performed, the MEDICAL certification shall indicate whether the decedent was pregnant at the time of death, and the information shall be reported on the death certificate as required by PAGE 2-HOUSE BILL 26-1296 subsection (9) ofofthis this section.

Except as otherwise provided in subsection (4.5)ofthissection,thephysician,physicianassistant,oradvancedpractice(4.5) registerednurse,or,intheirabsence,theirdesigneeinaccordancewiththisofthis section, thephysician,physician assistant, oradvancedpractice registered nurse, or, in their absence, their designee in accordance with this subsection (4), shall complete the medical certification for a certificate of death required bythisby this subsection (4) using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I)(1)(b)(1) ofofthis this section.

In Colorado Revised Statutes, 12-255-120, amend (1)(gg)(l)(gg) and (1)(hh);(l)(hh);

andanadd add(l)(ii) (1)(ii) as follows:

(1) "Groundsfordiscipline",asusedinthispart1,meansanyaction"Grounds for discipline", as used inthis part 1, means any action by any person who:

(gg) Is diverting or has diverted a controlled substance, as defined in section 18-18-102 (5), or any other drug having similar effects from the person's place ofofemployment; employment;

or (hh) Hasbeenconvictedofanoffenseundersection18-13-131.ForHas purposesofthissubsection(1)(hh),"convicted"includestheentryofapleabeen ofconvicted guiltyofan oroffense nolounder contenderesection or18-13-131. the imposition of a deferred sentence;

(ii)For Rpurposes EPEATEDLYofthis ORsubsection WILLFULLY(l)(hh), FAILS"convicted" ,WITHOUTincludes REASONABLEthe CAUSEentry ,ofaplea TOof COMPLYguilty WITHor THEnolo REQUIREMENTScontendere OFor COMPLETINGthe Aimposition MEDICALofa CERTIFICATIONdeferred FORsentenOR; A CERTIFICATE OF DEATH IN ACCORDANCE WITH ANY APPLICABLE DEADLINE SET FORTH IN SECTION 25-2-110.

(ii) REPEATEDLY OR W ILLFULLY FAILS, W ITHOUT REASONABLE CAUSE, TOCOM PLYW ITHTHE REQUIREM ENTS OF COM PLETINGAM EDICAL CERTIFICATIONFO RACERTIFICATE OF DEATH INACCORDANCEW ITHANY APPLICABLEDEADLINE SET FORTHINSECTION25-2-110.

on the day following the expiration of the ninety-day period after final adjournment ofofthe the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);

except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestatereferendum petition is filed pursuantto section 1(3) ofarticle V ofthe 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 PAGE 3-HOUSE BILL 26-1296 approvedbythepeopleatthegeneralelectiontobeheldinNovember2026approved bythe people atthe general election to beheld inNovember2026 and, in such case, will take effect on the date ofofthe the official declaration of the vote thereon by the governor.

____________________________J ____________________________u Julie~ McCluskie James Rashad Coleman, Sr.

SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________APPROVED (DateC andh-rW!.o Time)g _________________________________________VY\G\l ➔.?.02~ o..+s:Oor ( ate an Time) Jared S.

PolisGOVE GOVERNOR OF THE STATE OF COLORADO PAGE 4-HOUSE BILL 26-1296