The department may acquire a name-based criminal history -5- SB18-081 record check for a certificate holder oLICENSE applicant who has twice submitted to a fingerprint-based criminal historyrecord check and whose fingerprints are unclassifiable.

(b) (I) Anygovernment entity that employs a person as or allows a person to volunteer as an emergency medical service provider in a position requiring direct contact with patients shall require all volunteer and employed emergency medical service providers, who have lived in the state for three years or less at the time of the initial certification LICENSEorcertificatioLICENSE renewal,tosubmittoafederalbureauof investigation fingerprint-based national criminal historyrecord check to determine eligibility for employment.

Each emergency medical service providerLICENSE APPLICANT requiredUNDER THIS SUBSECTION (4) to submit to a federal bureau of investigation fingerprint-based national criminal history record check shall obtain a complete set of fingerprints takenbyalocallawenforcementagency,anotherentitydesignatedbythe department, or any third party approved by the Colorado bureau of investigation.

If an approved third party takes the person'sENSE APPLICANT'Sfingerprints,thefingerprintsmaybeelectronicallycaptured using Colorado bureau of investigation-approved livescan equipment.

Third-party vendors shall not keep the person'sCENSE APPLICANT'S information for more than thirty days unless requested to do so by the person LICENSE APPLICANT.

The approved third party or government entity shall transmit the fingerprints to the Colorado bureau of investigation, which shall in turn forward them to the federal bureau of investigationforanationalcriminalhistoryrecordcheck.Thedepartment orotherauthorizedgovernmententityistheauthorizedagencytoreceive and disseminate information regarding the result of a national criminal -6- SB18-081 history record check.

Each entity handling the national criminal history record check shall comply with Pub.L.

92-544, as amended.

Each government entity acting as the authorized recipient of the result of a national criminal history record check shall forward the result of the initial national criminal history record check and any subsequent notification of activity on the record to the department to determine the individual's eligibility for initial certification or certification LICENSErenewal.

(c) (I) (A) A government entity or private, not-for-profit, or for-profit organization that employs a person or allows a person to volunteer as an emergency medical service provider in a position requiring direct contact with patients shall require all volunteer and employed emergency medical service providers, who have lived in the state for more than three years at the time of initial certification LICENSURE or certification LICENSE renewal, to submit to a fingerprint-based criminal history record check by the Colorado bureau ofinvestigationtodetermineeligibilityforemployment.Theorganization shall forward the result of the criminal history record check and any subsequent notification of activity on the record to the department to determine eligibility for initial certificationRE or certification LICENSErenewal.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c) SUBSECTION (4)(c)(I)OF THIS SECTION , if a person submittedtoafingerprint-basedcriminalhistoryrecordcheckatthetime of initial certificationNSURE or certificatioLICENSE renewal, the person shall not be required to submit to a subsequent fingerprint-based criminal history record check.

-7- SB18-081 (d) (I) If an applicant for initial certificaLICENSURE or certificationCENSE renewal is not employed at the time of application, thedepartmentshallrequiretheapplicanttosubmittoafingerprint-based criminal historyrecord check bythe Colorado bureau of investigation as defined inOARD rule, by the board of health, if the applicant has lived in the state for more than three years;

except that the department may acquireastatename-basedcriminalhistoryrecordcheckforanapplicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d) SUBSECTION (4)(d)(I)OF THIS SECTION , if a person submittedtoafingerprint-basedcriminalhistoryrecordcheckatthetime of initial certificaLICENSURE or certificatioLICENSE renewal, the person shall not be required to submit to a subsequent fingerprint-based criminal history record check.

(4.5) (a) As used in this subsection (4.5), unless the context otherwise requires:

(III) "Emergencymedical service provider"meansan emergency medical service provider that is certified ored by the department.

of public health and environment, created under section 25-1-102.

SECTION 2.

In Colorado Revised Statutes, 24-34-110, amend (3)(a)(XXVIII) and (3)(a)(XXIX);

and add (3)(a)(XXX) as follows:

24-34-110.

Medical transparency act of 2010 - disclosure of information about health care licensees - fines - rules - short title - legislative declaration - repeal.

(3) (a)As used in this section, "applicant" means a person applying for a new, active license, certification, or registration or to renew, reinstate, or reactivate an active -8- SB18-081 license, certification, or registration to practice:

(XXVIII) Asasurgicalassistantorsurgicaltechnologistpursuant to article 43.2 of title 12;

C.R.S.;

and (XXIX) Naturopathicmedicinepursuanttoarticle37.3oftitle12;

C.R.S.AND (XXX) A SANEMERGENCYMEDICALSERVICEPROVIDERPURSUANT TO ARTICLE3.5OF TITLE25.

SECTION 3.

In Colorado Revised Statutes, 25-3.5-201, amend (2) as follows:

25-3.5-201.

Training programs.

(2) The department shall distribute the curricula and teaching aids to training institutions and hospitals upon request from a recognized training group or hospital.

If a county is unable to arrange for necessary training programs, the departmentshallarrangeatrainingprogramwithintheimmediatevicinity of the agency requesting the program.

The department shall issue emergencymedical service provider certificatesES in accordance with section 25-3.5-203 (1) and may issue certificates of successful course completion to those individuals who successfully complete other emergency medical services training programs of the department.

The programsmayprovideforthetrainingofemergencymedicaldispatchers, emergency medical services instructors, emergency medical services coordinators, and other personnel who provide emergency medical services.Thereceiptofthecertificateofcoursecompletionisnotdeemed state licensure, approval, or a determination of competency.

SECTION 4.

In Colorado Revised Statutes, 25-3.5-205, amend (1)(a) and (5)(a) as follows:

25-3.5-205.

Emergency medical service providers - -9- SB18-081 investigation-discipline.(1)(a) Thedepartmentmayadministeroaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant records and documents to investigate alleged misconduct by certifiedCENSED emergency medical service providers.

(5) For the purposes of this section:

(a) "Medicaldirector"meansaphysicianwhosupervisescertified LICENSED emergencymedical service providers consistent with the rules adopted bythe executive director or chief medical officer, as applicable, under section 25-3.5-206.

SECTION5.

InColoradoRevisedStatutes,25-1-516,amend(1) introductory portion and (1)(c) as follows:

25-1-516.

Unlawful acts - penalties.

(1) It is unlawful for any person, association, or corporation and the officers thereofHE ASSOCIATION OR CORPORATION to:

(c) Willfullyand falselymake or alter a certificateENSEor certified copy of any certificatOR LICENSE issued pursuant to the public health laws;

SECTION 6.

In Colorado Revised Statutes, 25-3.5-103, amend the introductory portion and (8) as follows:

25-3.5-103.

Definitions.

As used in this articleICLE 3.5, unless the context otherwise requires:

(8) "Emergency medical service provider" means an individual whoholdsavalidemergencymedicalserviceprovidercertificateLICENSE issued by the department as provided in this article 3.5.

SECTION 7.

In Colorado Revised Statutes, amend 25-3.5-202 as follows:

-10- SB18-081 25-3.5-202.

Personnel-basicrequirements.Emergencymedical personnelSERVICEPROVIDERS employedorutilizedinconnectionwithan ambulanceserviceshallmeetthequalificationsestablished,byresolution, by the board of county commissioners of the county in which the ambulance is based in order to be certifiedENSED .

For ambulance drivers, the minimum requirements include the possession of a valid driver's license and other requirements established by the board by rule undersection25-3.5-308.Foranypersonresponsibleforprovidingdirect emergency medical care and treatment to patients transported in an ambulance, the minimum requirement is possession of an emergency medicalserviceprovidercertificateCENSE issuedbythedepartment.In the case of an emergency in an ambulance service area where no person possessing the qualifications required by this section is present or availabletorespondtoacallfortheemergencytransportationof patients by ambulance, any person may operate the ambulance to transport any sick, injured, or otherwise incapacitated or helpless person in order to stabilize the medical condition of the person pending the availability of medical care.

SECTION 8.

In Colorado Revised Statutes, 25-3.5-206, amend (1), (2)(a)(I)(D), (2)(a)(I)(E), (2)(a)(I)(F), (3)(a), (3)(c), (4)(a) introductory portion, (4)(a)(I), (4)(a)(V)(A), and (4)(a.5)(I) as follows:

25-3.5-206.

Emergency medical practice advisory council - creation - powers and duties - emergency medical service provider scope of practice - rules.

(1) There is hereby created within the department,asatype2entityunderthedirectionoftheexecutivedirector of the department, the emergency medical practice advisory council, referred to in this part 2 as the "advisory council".

The advisory council -11- SB18-081 isresponsibleforadvisingthedepartmentregardingtheappropriatescope of practice for emergency medical service providers certifiedD under section 25-3.5-203.

(2) (a) Theemergencymedicalpracticeadvisorycouncil consists of the following eleven members:

(I) Eight voting members appointed by the governor as follows:

(D) One emergency medical service provider certifiedNSED atanadvancedlifesupportlevelwhoisactivelyinvolvedintheprovision of emergency medical services;

(E) One emergency medical service provider certifiedNSED at a basic life support level who is actively involved in the provision of emergency medical services;

and (F) One emergency medical service provider certifiedNSED at any level who is actively involved in the provision of emergency medical services;

(3) Theadvisorycouncilshallprovidegeneraltechnicalexpertise on matters related to the provision of patient care byemergencymedical service providers and shall advise or make recommendations to the department in the following areas:

(a) The acts and medications that certifiedrgency medical service providers at each level of certificationE are authorized to perform or administer under the direction of a physician medical director;

(c) Modifications to emergency medical service provider certificationICENSURE levels and capabilities;

and (4) (a) The director or, if the director is not a physician, the chief medical officer shall adopt rules, in accordance with article 4 of title 24, -12- SB18-081 C.R.S., concerning the scope of practice of emergency medical service providers for prehospital care.

The rules must include the following:

(I) Allowable acts for each level of emergency medical service providercertificationCENSURE andthemedicationsthatALICENSEEAT eachlevelofemergencymedicalserviceprovidercertificationCENSURE can administer;

(V) (A) Standards for the issuance bythe department of a critical care endorsement for emergency medical service providers.

An emergency medical service provider with a critical care endorsement is authorized to perform the tasks and procedures specified by rule.

The endorsement is valid as long as the emergency medical service provider maintains certificationCENSURE by the department.

(a.5) (I) On or before January 1, 2018, the director, or, if the director is not a physician, the chief medical officer shall adopt rules, in accordance with article 4 of title 24, C.R.S.,rning the scope of practice of a community paramedic.

An emergency medical service provider'sendorsementasacommunityparamedic,issuedpursuanttothe rules adopted under section 25-3.5-203.5, is valid for as long as the emergency medical service provider maintains his or her certification LICENSURE by the department.

SECTION 9.

In Colorado Revised Statutes, 25-3.5-603, amend (1)(a), (3) introductory portion, and (3)(c)(I) as follows:

25-3.5-603.

Emergency medical services account - creation - allocation of funds.

(1) (a) There is hereby created a special account within the highway users tax fund established under section 43-4-201 C.R.S.,to be known as the emergency medical services account, which consists of all moneysNEY transferred thereINTO THE ACCOUNT in -13- SB18-081 accordance with section 42-3-304 (21), C.R.S., fees collected under section 25-3.5-203 for provisional certificationsS of emergency medical service providers, and fees collected under section 25-3.5-1103 for provisional registration of emergency medical responders.

(3) On and after July 1, 2002, The general assembly shall appropriate moneysMONEY in the emergency medical services account:

(c) To the direct and indirect costs of planning, developing, implementing, maintaining, and improving the statewide emergency medical and trauma services system.

These costs include:

(I) Providing technical assistance and support to local governments,localemergencymedicalandtraumaserviceproviders,and RETACsoperatingastatewidedatacollectionsystem,coordinatinglocal and state programs, providing assistance in selection and purchasing of medical and communication equipment, administering the EMTS grant program, establishing and maintaining scope of practice for certified LICENSED EMERGENCY medical service providers, and administering a registration program for emergency medical responders;

and SECTION10.

InColoradoRevisedStatutes,25-3.5-605,amend (2) introductory portion, (2)(d) introductory portion, and (2)(d)(I) as follows:

25-3.5-605.

Improvement of county emergency medical and trauma services - eligibility for county funding - manner of distributingfunds.(2) InordertoqualifyformoneysMONEY underthis section, a county must:

(d) Ensurethat all moneysONEY received under this section are IS expended on developing and updating the emergency medical and trauma services plan and other emergency medical and trauma services -14- SB18-081 needs of the county such as:

(I) Training and certificationNSURE of emergency medical service providers;

SECTION11.

InColoradoRevisedStatutes,25-3.5-903,amend (2) as follows:

25-3.5-903.

Definitions.Asusedinthispart9,unlessthecontext otherwise requires:

(2) "Prehospital medical director" or "medical director" means a licensedphysicianwhosupervisescertifiedCENSEDemergencymedical service providers who provide prehospital care.

SECTION12.

InColoradoRevisedStatutes,25-3.5-904,amend (2)(a) as follows:

25-3.5-904.

Quality management programs - creation - assessments - confidentiality of information - exceptions - immunity forgood-faithparticipants.(2)(a) Exceptasprovidedinparagraph(b) of thissubsection(2)BSECTION (2)(b)orsubsection(3)ofthissection, information required to be collected and maintained, including information from the prehospital care reporting system that identifies an individual, and records, reports, and other information obtained and maintainedinaccordancewithaqualitymanagementprogramestablished pursuant to this section are confidential and shall not be released except to the department in cases of an alleged violation of board rules pertainingtoemergencymedicalserviceprovidercertificationNSURE or except in accordance with section 25-3.5-205 (4).

SECTION 13.

In Colorado Revised Statutes, 25-3.5-1101, amend (1)(a) as follows:

25-3.5-1101.

Legislative declaration.

(1) The general assembly -15- SB18-081 hereby finds that:

(a) The department of public health and environment has responsibilityforoversightoftheemergencymedicalandtraumaservices system and the certificationCENSURE of emergency medical service providers.

Emergency medical service providers are certifiedED by the department to provide treatment and transport to the sick and injured.

SECTION 14.

In Colorado Revised Statutes, 25-3.5-1203, amend (6) as follows:

25-3.5-1203.

Community assistance referral and education services programs - authorization - scope - repeal.

(6) A person working directly or indirectly for a CARES program, whether as an employee or a contractor, may only provide services consistent with the requirements of subsection (3) of this section;

except that nothing in this section prohibits a licensed, certified, or registered health care or mental healthproviderorcertifiedICENSEDemergencymedicalserviceprovider from acting or providing services within his or her scope of practice if necessary to respond to an emergent situation.

SECTION 15.

In Colorado Revised Statutes, 8-2-123, amend (1)(d) as follows:

8-2-123.

Health care workers - retaliation prohibited - definitions.

(1) As used in this section:

(d) "Health care worker" means any person certified, registered, or licensed pursuant to article 22, 29.5, 32, 33, 35, 36, or 37, or 38 to 43 of title 12 C.R.S.,certifieLICENSED pursuant to section 25-3.5-203.

C.R.S.

SECTION16.

In Colorado RevisedStatutes,12-36-106,amend -16- SB18-081 (3) introductory portion and (3)(y) as follows:

12-36-106.

Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants and anesthesiologist assistants - penalties - rules - repeal.

(3) A person mayengage in, and shall not be required to obtain a license or a physician training license under this article36 with respect to, any of the following acts:

(y) The rendering of services by an emergency medical service provider certifiedICENSED under section 25-3.5-203, C.R.S., if the services rendered are consistent with rules adopted by the executive directororchiefmedicalofficer,asapplicable,undersection25-3.5-206, C.R.S.,defining the duties and functions of emergency medical service providers;

SECTION 17.

In Colorado Revised Statutes, 12-42.5-408, amend (1) as follows:

12-42.5-408.

Exemption - waiver.

(1) A hospital licensed or certifiedpursuanttosection25-1.5-103,C.R.S.,rescriptiondrugoutlet located within the hospital that is dispensing a controlled substance for a chart order or dispensing less than or equal to a twenty-four-hour supply of a controlled substance, andemergencymedical services personnel certifiedSERVICE PROVIDER LICENSED pursuant to section 25-3.5-203 C.R.S.,areexemptfromthereportingprovisionsofthispart4.Ahospital prescription drug outlet licensed pursuant to section 12-42.5-112 shall comply with the provisions of this part 4 for controlled substances dispensed for outpatient care that have more than a twenty-four-hour supply.

SECTION18.

In Colorado RevisedStatutes,12-64-104,amend -17- SB18-081 (3)(a)(III) as follows:

12-64-104.

License requirements and exceptions - definitions - rules.

(3) (a) As used in this subsection (3), unless the context otherwise requires:

(III) "Emergencymedical service provider"meansan emergency medical service provider who is certified orsed by the department ofpublichealthandenvironment,createdundersection25-1-102.C.R.S.

SECTION 19.

In Colorado Revised Statutes, 13-21-108.2, amend (1) and (2)(b) as follows:

13-21-108.2.

Persons rendering emergency assistance - competitive sports - exemption from civil liability.

(1) (a) Except as provided in subsection (2) of this section, a person licensed as a physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist,EMERGENCY MEDICAL SERVICE PROVIDER , or optometrist or certifiedasanemergencymedicalserviceproviderunderpart2of article 3.5 of title 25, C.R.S.,, in good faith and without compensation, renders emergency care or emergency assistance, including sideline or on-field care as a team health care provider, to an individual requiring emergencycareor emergencyassistance as a result of having engaged in a competitive sport is not liable for civil damages as a result of acts or omissions by the physician, osteopath, chiropractor, nurse, physical therapist,podiatrist,dentist,ENCYMEDICALSERVICEPROVIDER ,or optometrist.orpersoncertifiedasanemergencymedicalserviceprovider under part 2 of article 3.5 of title 25, C.R.S.

(b) The provisions of this subsection (1) applytotherenderingof emergencycareoremergencyassistancetoaminorevenifthephysician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, -18- SB18-081 EMERGENCY MEDICAL SERVICE PROVIDER , or optometrist or the person certified as an emergency service provider under part 2 of article 3.5 of title 25, C.R.S.,oes not obtain permission from the parent or legal guardianoftheminorbeforerenderingthecareorassistance;exceptthat, if a parent or guardian refuses the rendering of emergency care, this subsection (1) does not apply.

(2) The exemption from civil liabilitydescribed in subsection (1) of this section does not apply to:

(b) Actsoromissionsthatareoutsidethescopeofthelicenseheld by the physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist,MERGENCY MEDICAL SERVICE PROVIDER , or optometrist.

or outside the scope of the certificate held by a person who is certified as an emergency medical service provider under part 2 of article 3.5 of title 25, C.R.S.

SECTION 20.

In Colorado Revised Statutes, 15-18.6-101, amend the introductory portion and (3) as follows:

15-18.6-101.

Definitions.

As used in this articleCLE18.6, unless the context otherwise requires:

(3) "Emergencymedical service personnel"meansan emergency medical service provider at any level who is certified ord by the department of public health and environment.

"Emergency medical service personnel" includes a firstMERGENCY MEDICAL responder certifiedEGISTERED bythedepartmentofpublichealthandenvironment or the division of fire prevention and control in the department of public safety,in accordance with section 24-33.5-1205 (2)(c), SECTION 25-3.5-1103.

SECTION 21.

In Colorado Revised Statutes, 15-18.7-102, -19- SB18-081 amend the introductory portion and (8) as follows:

15-18.7-102.

Definitions.

As used in this articleCLE18.7, unless the context otherwise requires:

(8) "Emergencymedical service personnel"meansan emergency medical service provider who is certified orsed by the department of public health and environment, created and existing under section 25-1-102, C.R.S.,r a firAN EMERGENCY MEDICAL responder certified REGISTERED by the department of public health and environment or the divisionof firepreventionandcontrolinthedepartmentof publicsafety, in accordance with part 12 of article 33.5 of title 24, C.R.S.

25-3.5-1103.

SECTION 22.

In Colorado Revised Statutes, 18-3-106, amend (4)(d) as follows:

18-3-106.

Vehicular homicide.

(4) (d) No person except a physician, a registered nurse, a paramedic as certified inNCY MEDICALSERVICE PROVIDER LICENSED UNDER part 2 of article 3.5 of title 25,C.R.S.,anemergencymedicalserviceproviderasdefinedinpart1of article 3.5 of title 25, C.R.S.,person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse is entitled to withdraw blood for the purpose of determining the alcoholicLCOHOL or drug content of the blood for purposes of this section.

In a trial for a violation of paragraph (b) of subsection (1)SUBSECTION (1)(b) of this section, testimony of a law enforcement officer that he or she witnessed the taking of a blood specimen by a person who he or she reasonablybelieved was authorized to withdraw blood specimens is sufficient evidence that the person was authorized, and testimony from the person who obtained the blood -20- SB18-081 specimens concerning the person's authorization to obtain blood specimens is not a prerequisite to the admissibility of test results concerning the blood specimens obtained.

Noivil liability sDOES NOT attach to any person authorized to obtain blood, breath, saliva, or urine specimens or to any hospital, clinic, or association in or for which such THE specimens are obtained pursuant to this subsection (4) as a result of the act of obtaining the specimens from a person if the specimens were obtained according to the rules prescribed by the state board of health;

except that such provisionSUBSECTION (4)(d) does not relieve the person from liability for negligence in obtaining any specimen sample.

SECTION 23.

In Colorado Revised Statutes, 18-3-205, amend (4)(d) as follows:

18-3-205.

Vehicular assault.

(4) (d) No person except a physician, a registered nurse, a paramedic as certified inENCY MEDICALSERVICE PROVIDER LICENSED UNDER part 2 of article 3.5 of title 25,C.R.S.,anemergencymedicalserviceproviderasdefinedinpart1of article 3.5 of title 25, C.R.S.,person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse is entitled to withdraw blood to determine the alcoholic ALCOHOL or drug content of the blood for purposes of this section.

In a trial for a violation of paragraph (b) of subsection (1)N (1)(b) of this section, testimony of a law enforcement officer that the officer witnessed the taking of a blood specimen by a person who the officer reasonably believed was authorized to withdraw blood specimens is sufficient evidence that the person was authorized, and testimony from the person who obtained the blood specimens concerning the person's -21- SB18-081 authorization to obtain blood specimens is not a prerequisite to the admissibilityoftestresultsconcerningthebloodspecimensobtained.No Civil liability shallS NOT attach to a person authorized to obtain blood, breath, saliva, or urine specimens or to a hospital, clinic, or associationinorforwhichthespecimensareobtainedinaccordancewith this subsection (4) as a result of the act of obtaining the specimens from any person if the specimens were obtained according to the rules prescribed by the state board of health;

except that the provision SUBSECTION (4)(d) does not relieve the person from liability for negligence in obtaining the specimen sample.

SECTION24.

InColoradoRevisedStatutes,18-3.5-108,amend (5)(d) as follows:

18-3.5-108.

Aggravated vehicular unlawful termination of pregnancy - definitions.

(5) (d) No person except a physician, a registered nurse, an emergency medical service provider as certified in part 2 of article 3.5 of title 25, C.R.S., an emergency medical technician as defined in part 1 of article 3.5 of title 25, C.R.S.

UNDER SECTION 25-3.5-203, or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse shall be entitled tothdraw blood for the purpose of determining the alcohol or drug content therein BLOOD.

In any trial for a violation of paragraph (b) of subsection (1) (1)(b) of this section, testimony of a law enforcement officer that he or she witnessed the taking of a blood specimen by a person who he or she reasonablybelievedwasauthorizedtowithdrawbloodspecimensshallbe IS sufficient evidence that the person was so authorized, and testimony from the person who obtained the blood specimens concerning the -22- SB18-081 person's authorization to obtain blood specimens shaIS not be a prerequisite to the admissibility of test results concerning the blood specimensobtained.No CivilliabilityshDOESNOT attachtoanyperson authorized to obtain blood, breath, saliva, or urine specimens or to any hospital, clinic, or association in or for which suchcimens are obtained pursuant to this subsection (5) as a result of the act of obtaining such THE specimens from any person if such THE specimens were obtained according to the rules and regulatprescribed by the state board of health;

except that this subsection (5) shallrelieve any suchpersonfromliabilityfornegligenceinthebtainingofanyspecimen sample.

SECTION 25.

In Colorado Revised Statutes, 19-3-304, amend (2)(kk) as follows:

19-3-304.

Persons required to report child abuse or neglect.

(2) Persons required to report such abuse or neglect or circumstances or conditions include any:

(kk) Emergencymedicalserviceproviders,asdefined in sections 25-3.5-103 (8) and 25-3.5-103 (12) and certifiedNSED pursuant to part 2 of article 3.5 of title 25;

SECTION26.

InColoradoRevisedStatutes,24-60-3502,amend section 2 H.

as follows:

24-60-3502.

Compact approved and ratified.

SECTION 2 DEFINITIONS As used in this compact:

H.

"License" means the authorization bya state for an individual to practice as an EMT, AEMT, or paramedic or at a level between EMT -23- SB18-081 andparamedic.InColorado,thisisaccomplishedthroughcertificationof an emergency medical services provider pursuant to section 25-3.5-203 (1)(b), C.R.S.

SECTION 27.

In Colorado Revised Statutes, 33-13-108.1, amend (6) as follows:

33-13-108.1.

Operating a vessel while under the influence.

(6) The arresting officer having probable cause to believe a person has violated this section shall direct the administration of the tests in accordancewithrulesprescribedbythestateboardof healthwithutmost respect for the constitutional rights, dignity, and health of the person being tested.

No person except a physician, a registered nurse, a paramedic as certified AN EMERGENCY MEDICAL SERVICE PROVIDER LICENSED UNDER part 2 of article 3.5 of title 25, C.R.S., an emergency medical service provider as defined in part 1 of article 3.5 of title 25, C.R.S.,or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse shall withdraw blood to determine the alcoholicHOL or drug content of the blood for purposes of this section.

No liability attaDOES NOT ATTACH to a person authorized to obtain blood, breath, saliva, or urine specimens or to a hospital in which the specimens are obtained as providedinsubsection(4)ofthissectionasaresultoftheactofobtaining the specimens from anyperson submitting thereto if the specimens were obtained according to the rules of the state board of health;

except that this provisionUBSECTION (6) does not relieve the person from liability for negligence in obtaining a specimen sample.

SECTION 28.

In Colorado Revised Statutes, 41-2-102, amend (6)(b)(II) as follows:

-24- SB18-081 41-2-102.

Operating an aircraft under the influence - operatinganaircraftwithexcessivealcoholcontent-tests-penalties - useful public service program.

(6) (b) (II) No person except a physician, a registered nurse, an emergencymedical service provider, as defined in part 1 of article 3.5 of title 25 C.R.S.,certified in LICENSEDUNDER part2ofarticle3.5oftitle25,C.R.S.,orapersonwhose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse shall withdraw blood to determine the alcoholicALCOHOL or drug content of the blood for purposes of this section.Inatrialforaviolationofsubsection(1)or(2)ofthissection,the testimonyofalawenforcementofficerthatheorshewitnessedthetaking of a blood specimen by a person who he or she reasonably believed was authorized to withdraw a blood specimen is sufficient evidence that the person was authorized, and testimony from the person who obtained the blood specimens concerning the person's authorization to obtain blood specimens is not a prerequisite to the admissibility of test results concerningthebloodspecimenobtained.No CivilliabilityattacDOES NOT ATTACH to a person authorized to obtain blood, breath, saliva, or urine specimens or to a hospital, clinic, or association in orfor which the specimensareobtainedasprovidedinthissubsection(6)asaresultofthe act of obtaining the specimens from anyperson submitting thereto if the specimens were obtained according to the rules and regulations stateboardofhealth;exceptthatthisprovisionshallSECTION(6)DOES notrelievethepersonfromliabilityfornegligenceinthetainingofany specimen sample.

SECTION 29.

In Colorado Revised Statutes, 42-4-1301.1, amend (6)(a) as follows:

-25- SB18-081 42-4-1301.1.

Expressedconsentforthetakingofblood,breath, urine, or saliva sample - testing - fund - rules - repeal.

(6) (a) No person except aphysician,a registered nurse, a paramedic, as certified in AN EMERGENCY MEDICAL SERVICE PROVIDER LICENSED UNDER part 2 of article 3.5 of title 25, C.R.S., an emergency medical service provider, as defined in part 1 of article 3.5 of title 25, C.R.S.,rson whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse shall withdraw blood to determine the alcoholicALCOHOL or drug content of the blood for purposes of this section.

SECTION 30.

Act subject to petition - effective date - applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2018, if adjournment sine die is on May 9, 2018);

except that, if a referendum petition is filed pursuant to section 1 (3)ofarticleVofthestateconstitutionagainstthisactoranitem,section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) Thisactappliestoconductoccurringonoraftertheapplicable effective date of this act.

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