Text of CO SB 129 (2025)

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0647.01 Shelby Ross x4510 SENATE BILL 25-129 Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING PROTECTIONS RELATED TO A LEGALLY PROTECTED 101 HEALTH-CARE ACTIVITY. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill clarifies that requirements for out-of-state telehealth providers do not alter or limit the rights and protections afforded to a person concerning a legally protected health-care activity. Current law requires a prescription drug label to include the name of the prescribing practitioner. At the practitioner's request, the bill authorizes a prescription label for mifepristone, misoprostol, and the SENATE SPONSORSHIP Cutter and Winter F., Amabile, Ball, Bridges, Danielson, Daugherty, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Michaelson Jenet, Rodriguez, Snyder, Sullivan, Weissman HOUSE SPONSORSHIP Joseph and McCormick, Bacon, Boesenecker, Brown, Camacho, Carter, Clifford, Espenoza, Froelich, Garcia, Gilchrist, Hamrick, Lieder, Lindstedt, Lukens, Mabrey, Martinez, Rydin, Smith, Stewart K., Stewart R., Story, Titone, Valdez, Velasco, Willford, Woodrow, Zokaie Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. generic alternatives to those prescriptions to include only the name of the prescribing health-care practice instead of the name of the practitioner. The bill requires any person requesting a subpoena to affirm under penalty of perjury that the subpoena: ! Is not related to, and any information obtained will not be used in, any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions against a person or entity that engaged in or attempted or intended to engage in a legally protected health-care activity or who provided insurance coverage for gender-affirming health-care services or reproductive health care; or ! Is related to such an investigation or proceeding, but the investigation or proceeding is brought under tort law or contract law by the person who engaged in or attempted or intended to engage in a legally protected health-care activity, gender-affirming health-care services, or reproductive health care, and is actionable in an equivalent or similar manner under Colorado law. The bill prohibits any person residing in Colorado, or partnership, corporation, trust, or limited liability company that is located, headquartered, or has its principal place of business in Colorado (Colorado business) from responding to a civil, criminal, regulatory, or administrative inquiry, investigation, subpoena, or summons concerning an individual who engaged in or attempted or intended to engage in a legally protected health-care activity or concerning an entity that provides insurance coverage for gender-affirming health-care services or reproductive health care. A person or Colorado business may respond to an inquiry, investigation, subpoena, or summons after certain conditions are met. If a person or entity brings an out-of-state civil or criminal action, or attempts to enforce any order or judgment issued in connection with an action, against another person or entity for engaging in or attempting or intending to engage in a legally protected health-care activity or for providing insurance coverage for gender-affirming health-care services or reproductive health care, the person or entity subject to the out-of-state civil or criminal action has a private right of action against the person or entity and may institute a civil action in district court within 3 years after the date of the alleged violation. Current law authorizes a private person to arrest a person without a warrant upon reasonable information that the person is charged in another state with a crime punishable by death or imprisonment for a term exceeding one year. The bill creates an exception if the person is charged in another state for engaging in a legally protected health-care activity in Colorado. SB25-129 -2- Current law prohibits a public agency from expending government resources or providing information or data in furtherance of any out-of-state investigation or proceeding seeking to impose civil or criminal liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity. The bill expands the prohibition to public entities, which includes state and local governments. The bill grants the attorney general the authority to enforce the provisions of the bill. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, 12-30-124, add (16) 2 as follows: 3 12-30-124. Out-of-state telehealth providers - registration - 4 financial responsibility - discipline - emergency protocol - disclosures 5 - prescriptions - rules - applicability - definitions. (16) THIS SECTION 6 DOES NOT ALTER OR LIMIT THE RIGHTS AND PROTECTIONS AFFORDED TO A 7 PERSON CONCERNING A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, AS 8 DEFINED IN SECTION 12-30-121. 9 SECTION 2. In Colorado Revised Statutes, 12-280-124, amend 10 (2) as follows: 11 12-280-124. Labeling - rules - definitions. (2) (a) Except as 12 otherwise required by law, any drug dispensed pursuant to a prescription 13 order must bear a label prepared and placed on or securely attached to the 14 medicine container stating at least the name and address of the 15 prescription drug outlet, the serial number and the date of the prescription 16 or of its dispensing, the name of the drug dispensed unless otherwise 17 requested by the practitioner, the name of the practitioner, the name of the 18 patient, and, if stated in the prescription, the directions for use and 19 cautionary statements, if any, contained in the prescription. 20 (b) NOTWITHSTANDING THE LABELING REQUIREMENTS DESCRIBED 21 SB25-129 -3- IN SUBSECTION (2)(a) OF THIS SECTION, AT THE PRACTITIONER'S REQUEST, 1 A PRESCRIPTION LABEL FOR MIFEPRISTONE, MISOPROSTOL, OR THE GENERIC 2 ALTERNATIVES TO THOSE PRESCRIPTIONS MAY INCLUDE THE NAME OF THE 3 PRESCRIBING HEALTH-CARE PRACTICE INSTEAD OF THE NAME OF THE 4 PRACTITIONER. 5 SECTION 3. In Colorado Revised Statutes, add 13-1-140.1 as 6 follows: 7 13-1-140.1. Subpoena requirements - legally protected 8 health-care activity - enforcement. (1) Affirmation required. AN 9 INDIVIDUAL REQUESTING A SUBPOENA SHALL AFFIRM UNDER PENALTY OF 10 PERJURY THAT THE SUBPOENA: 11 (a) IS NOT RELATED TO, AND ANY INFORMATION OBTAINED AS A 12 RESULT OF THE SUBPOENA WILL NOT BE USED IN, ANY INVESTIGATION OR 13 PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR 14 PROFESSIONAL SANCTIONS AGAINST AN INDIVIDUAL OR ENTITY THAT 15 ENGAGED IN OR ATTEMPTED OR INTENDED TO ENGAGE IN A LEGALLY 16 PROTECTED HEALTH-CARE ACTIVITY, AS DEFINED IN SECTION 12-30-121, 17 OR THAT PROVIDED INSURANCE COVERAGE FOR GENDER-AFFIRMING 18 HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121, OR 19 REPRODUCTIVE HEALTH CARE, AS DEFINED IN SECTION 25-6-402; OR 20 (b) IS RELATED TO AN INVESTIGATION OR PROCEEDING THAT SEEKS 21 TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS 22 AGAINST AN INDIVIDUAL OR ENTITY THAT ENGAGED IN OR ATTEMPTED OR 23 INTENDED TO ENGAGE IN A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, 24 AS DEFINED IN SECTION 12-30-121, OR THAT PROVIDED INSURANCE 25 COVERAGE FOR GENDER-AFFIRMING HEALTH-CARE SERVICES, AS DEFINED 26 IN SECTION 12-30-121, OR REPRODUCTIVE HEALTH CARE, AS DEFINED IN 27 SB25-129 -4- SECTION 25-6-402, BUT THE INVESTIGATION OR PROCEEDING: 1 (I) IS BROUGHT UNDER TORT LAW OR CONTRACT LAW; 2 (II) IS ACTIONABLE IN AN EQUIVALENT OR SIMILAR MANNER UNDER 3 COLORADO LAW; AND 4 (III) IS BROUGHT BY THE INDIVIDUAL, OR THE INDIVIDUAL'S LEGAL 5 REPRESENTATIVE, WHO RECEIVED GENDER-AFFIRMING HEALTH-CARE 6 SERVICES OR REPRODUCTIVE HEALTH CARE. 7 (2) Jurisdiction and penalty. AN INDIVIDUAL WHO OMITS OR 8 SUBMITS A FALSE AFFIRMATION PURSUANT TO SUBSECTION (1) OF THIS 9 SECTION IS SUBJECT TO THE JURISDICTION OF COLORADO COURTS FOR ANY 10 ACTION, PENALTIES, OR DAMAGES ARISING OUT OF THE OMISSION OR FALSE 11 AFFIRMATION. THE COURT, UPON FINDING THE OMISSION OR FALSE 12 AFFIRMATION WAS MADE INTENTIONALLY, KNOWINGLY, WILLFULLY, OR 13 RECKLESSLY, SHALL IMPOSE A CIVIL PENALTY IN AN AMOUNT NOT TO 14 EXCEED FIFTEEN THOUSAND DOLLARS FOR EACH VIOLATION, WHICH 15 AMOUNT IS IN ADDITION TO ANY OTHER LEGAL OR EQUITABLE REMEDY 16 LAWFULLY AVAILABLE. 17 (3) Enforcement. THE ATTORNEY GENERAL MAY BRING A CIVIL 18 ACTION ON BEHALF OF THE STATE TO SEEK THE IMPOSITION OF DAMAGES, 19 PENALTIES, AND ANY OTHER EQUITABLE REMEDIES AGAINST AN 20 INDIVIDUAL WHO OMITS OR SUBMITS A FALSE AFFIRMATION PURSUANT TO 21 SUBSECTION (1) OF THIS SECTION. THE ACTION MUST BE FILED WITHIN SIX 22 YEARS AFTER THE DATE OF THE ALLEGED VIOLATION. 23 SECTION 4. In Colorado Revised Statutes, add 13-1-140.2 as 24 follows: 25 13-1-140.2. Responding to request for information or 26 subpoena in connection with legally protected health-care activity - 27 SB25-129 -5- exception - enforcement. (1) Response prohibited. EXCEPT AS 1 PROVIDED IN SUBSECTION (2) OF THIS SECTION, AN INDIVIDUAL RESIDING 2 IN COLORADO, OR ANY PARTNERSHIP, CORPORATION, TRUST, OR LIMITED 3 LIABILITY COMPANY THAT IS LOCATED, HEADQUARTERED, OR HAS ITS 4 PRINCIPAL PLACE OF BUSINESS IN COLORADO, SHALL NOT RESPOND TO A 5 CIVIL, CRIMINAL, REGULATORY, OR ADMINISTRATIVE INQUIRY, 6 INVESTIGATION, SUBPOENA, OR SUMMONS CONCERNING AN INDIVIDUAL OR 7 ENTITY WHO ENGAGED IN OR ATTEMPTED OR INTENDED TO ENGAGE IN A 8 LEGALLY PROTECTED HEALTH-CARE ACTIVITY, AS DEFINED IN SECTION 9 12-30-121, OR CONCERNING AN ENTITY THAT PROVIDES INSURANCE 10 COVERAGE FOR GENDER-AFFIRMING HEALTH-CARE SERVICES, AS DEFINED 11 IN SECTION 12-30-121, OR REPRODUCTIVE HEALTH CARE, AS DEFINED IN 12 SECTION 25-6-402. 13 (2) Exception. NOTWITHSTANDING SUBSECTION (1) OF THIS 14 SECTION TO THE CONTRARY, AN INDIVIDUAL RESIDING IN COLORADO, OR 15 ANY PARTNERSHIP, CORPORATION, TRUST, OR LIMITED LIABILITY COMPANY 16 THAT IS LOCATED, HEADQUARTERED, OR HAS ITS PRINCIPAL PLACE OF 17 BUSINESS IN COLORADO, MAY RESPOND TO A CIVIL, CRIMINAL, 18 REGULATORY, OR ADMINISTRATIVE INQUIRY, INVESTIGATION, SUBPOENA, 19 OR SUMMONS IF: 20 (a) THE INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS 21 CONTAINS OR IS ACCOMPANIED BY AN AFFIRMATION MADE UNDER THE 22 PENALTY OF PERJURY ATTESTING THAT THE INQUIRY, INVESTIGATION, 23 SUBPOENA, OR SUMMONS: 24 (I) IS NOT RELATED TO, AND ANY INFORMATION OBTAINED AS A 25 RESULT OF THE SUBPOENA WILL NOT BE USED IN, ANY INVESTIGATION OR 26 PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR 27 SB25-129 -6- PROFESSIONAL SANCTIONS AGAINST AN INDIVIDUAL OR ENTITY THAT 1 ENGAGED IN OR ATTEMPTED OR INTENDED TO ENGAGE IN A LEGALLY 2 PROTECTED HEALTH-CARE ACTIVITY, AS DEFINED IN SECTION 12-30-121, 3 OR THAT PROVIDED INSURANCE COVERAGE FOR GENDER-AFFIRMING 4 HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121, OR 5 REPRODUCTIVE HEALTH CARE, AS DEFINED IN SECTION 25-6-402; OR 6 (II) IS RELATED TO AN INVESTIGATION OR PROCEEDING THAT SEEKS 7 TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS 8 AGAINST AN INDIVIDUAL OR ENTITY THAT ENGAGED IN OR ATTEMPTED OR 9 INTENDED TO ENGAGE IN A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, 10 AS DEFINED IN SECTION 12-30-121, OR THAT PROVIDED INSURANCE 11 COVERAGE FOR GENDER-AFFIRMING HEALTH-CARE SERVICES, AS DEFINED 12 IN SECTION 12-30-121, OR REPRODUCTIVE HEALTH CARE, AS DEFINED IN 13 SECTION 25-6-402, BUT THE INVESTIGATION OR PROCEEDING: 14 (A) IS BROUGHT UNDER TORT LAW OR CONTRACT LAW; 15 (B) IS ACTIONABLE IN AN EQUIVALENT OR SIMILAR MANNER UNDER 16 COLORADO LAW; AND 17 (C) IS BROUGHT BY THE INDIVIDUAL, OR THE INDIVIDUAL'S LEGAL 18 REPRESENTATIVE, WHO RECEIVED GENDER-AFFIRMING HEALTH-CARE 19 SERVICES OR REPRODUCTIVE HEALTH CARE. 20 (b) THE INDIVIDUAL OR ENTITY THAT RECEIVED THE INQUIRY, 21 INVESTIGATION, SUBPOENA, OR SUMMONS AND ACCOMPANYING 22 AFFIRMATION DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION: 23 (I) NOTIFIES THE ATTORNEY GENERAL WITHIN SEVENTY-TWO 24 HOURS AFTER RECEIVING THE INQUIRY, INVESTIGATION, SUBPOENA, OR 25 SUMMONS; INDICATES IN THE NOTICE TO THE ATTORNEY GENERAL 26 WHETHER THE INDIVIDUAL OR ENTITY INTENDS TO COMPLY WITH THE 27 SB25-129 -7- INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS; AND PROVIDES A 1 COPY OF THE INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS, AND 2 ANY RELATED MATERIALS TO THE ATTORNEY GENERAL; AND 3 (II) NOTIFIES THE INDIVIDUAL OR ENTITY THAT PERFORMED, 4 SOUGHT, RECEIVED, FACILITATED, OR OTHERWISE ENGAGED IN THE 5 LEGALLY PROTECTED HEALTH-CARE ACTIVITY TO WHICH THE INQUIRY, 6 INVESTIGATION, SUBPOENA, OR SUMMONS PERTAINS AT LEAST THIRTY 7 DAYS BEFORE PROVIDING ANY RESPONSIVE INFORMATION, UNLESS 8 OTHERWISE ORDERED BY A COURT OF THIS STATE; AND 9 (c) THIRTY DAYS HAVE PASSED SINCE THE INDIVIDUAL OR ENTITY 10 NOTIFIED THE ATTORNEY GENERAL PURSUANT TO SUBSECTION (2)(b)(I) OF 11 THIS SECTION. 12 (3) Jurisdiction and penalty. AN INDIVIDUAL OR ENTITY THAT 13 VIOLATES THIS SECTION IS SUBJECT TO THE JURISDICTION OF COLORADO 14 COURTS FOR ANY ACTION, PENALTIES, OR DAMAGES ARISING OUT OF THE 15 VIOLATION. THE COURT, UPON FINDING THE VIOLATION WAS MADE 16 INTENTIONALLY, KNOWINGLY, WILLFULLY, OR RECKLESSLY, SHALL IMPOSE 17 A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND 18 DOLLARS FOR EACH VIOLATION, WHICH AMOUNT IS IN ADDITION TO ANY 19 OTHER LEGAL OR EQUITABLE REMEDY LAWFULLY AVAILABLE. 20 (4) Enforcement. (a) IF THE ATTORNEY GENERAL HAS REASON TO 21 BELIEVE AN INDIVIDUAL OR ENTITY INTENDS TO COMPLY OR HAS COMPLIED 22 WITH AN INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS CONCERNING 23 AN INDIVIDUAL WHO ENGAGED IN OR ATTEMPTED OR INTENDED TO 24 ENGAGE IN A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, 25 GENDER-AFFIRMING HEALTH-CARE SERVICES, OR REPRODUCTIVE HEALTH 26 CARE IN VIOLATION OF THIS SECTION, THE ATTORNEY GENERAL MAY BRING 27 SB25-129 -8- A CIVIL ACTION ON BEHALF OF THE STATE TO ENFORCE THIS SECTION, 1 INCLUDING, BUT NOT LIMITED TO, A MOTION FOR AN ORDER ENJOINING 2 ONGOING AND FUTURE VIOLATIONS OF THIS SECTION. THE ATTORNEY 3 GENERAL MAY SEEK ALL AVAILABLE LEGAL AND EQUITABLE REMEDIES. 4 THE ACTION MUST BE FILED WITHIN SIX YEARS AFTER THE DATE OF THE 5 ALLEGED VIOLATION. 6 (b) THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON 7 BEHALF OF THE STATE TO SEEK THE IMPOSITION OF A CIVIL PENALTY 8 AGAINST AN INDIVIDUAL OR ENTITY THAT KNOWINGLY, WILLFULLY, OR 9 RECKLESSLY OMITS OR SUBMITS A FALSE AFFIRMATION PURSUANT TO 10 SUBSECTION (2)(a) OF THIS SECTION. THE ACTION MUST BE FILED WITHIN 11 SIX YEARS AFTER THE DATE OF THE ALLEGED VIOLATION. 12 (5) Declaratory relief. (a) AN INDIVIDUAL RESIDING IN 13 COLORADO, OR A PARTNERSHIP, CORPORATION, TRUST, OR LIMITED 14 LIABILITY COMPANY THAT RECEIVES OR IS SERVED WITH A CIVIL, 15 CRIMINAL, REGULATORY, OR ADMINISTRATIVE INQUIRY, INVESTIGATION, 16 SUBPOENA, OR SUMMONS CONCERNING AN INDIVIDUAL OR ENTITY THAT 17 ENGAGED IN OR ATTEMPTED OR INTENDED TO ENGAGE IN A LEGALLY 18 PROTECTED HEALTH-CARE ACTIVITY, OR THAT PROVIDED INSURANCE 19 COVERAGE FOR GENDER-AFFIRMING HEALTH-CARE SERVICES OR 20 REPRODUCTIVE HEALTH CARE MAY FILE A CIVIL ACTION SEEKING 21 DECLARATORY RELIEF, OR ANY OTHER RELIEF DEEMED NECESSARY AND 22 PROPER BY THE COURT, STATING THAT THIS SECTION PROHIBITS 23 COMPLIANCE WITH THE INQUIRY, INVESTIGATION, SUBPOENA, OR 24 SUMMONS. UPON TIMELY APPLICATION, THE ATTORNEY GENERAL MAY 25 INTERVENE IN A CIVIL ACTION FILED PURSUANT TO THIS SUBSECTION 26 (5)(a). 27 SB25-129 -9- (b) A PARTY SEEKING DECLARATORY RELIEF PURSUANT TO 1 SUBSECTION (5)(a) OF THIS SECTION SHALL SERVE THE ATTORNEY 2 GENERAL WITH NOTICE OF INTENT TO FILE AND ALL SUPPORTING 3 DOCUMENTATION ON OR BEFORE THE START OF THE ACTION. 4 (c) IF THE PARTY INITIATING AN ACTION PURSUANT TO THIS 5 SUBSECTION (5) PREVAILS, THE COURT SHALL AWARD REASONABLE COSTS 6 AND ATTORNEY FEES. 7 (d) AN ACTION BROUGHT PURSUANT TO THIS SUBSECTION (5) MUST 8 BE FILED WITHIN ONE YEAR AFTER THE DATE THE INQUIRY, 9 INVESTIGATION, SUBPOENA, OR SUMMONS WAS RECEIVED. 10 (6) AN INDIVIDUAL OR ENTITY THAT ISSUES A CIVIL, CRIMINAL, 11 REGULATORY, OR ADMINISTRATIVE INQUIRY, INVESTIGATION, SUBPOENA, 12 OR SUMMONS TO A PERSON RESIDING IN COLORADO OR ENTITY LOCATED, 13 HEADQUARTERED, OR INCORPORATED IN COLORADO IS SUBJECT TO THE 14 JURISDICTION OF COLORADO COURTS FOR ANY ACTION, PENALTY, OR 15 DAMAGES ARISING OUT OF A VIOLATION OF THIS SECTION. 16 (7) THIS SECTION DOES NOT PROHIBIT: 17 (a) THE INVESTIGATION OF ANY ACTIVITY THAT WOULD VIOLATE 18 THE LAWS OF THIS STATE, PROVIDED THAT INFORMATION RELATING TO 19 ANY MEDICAL PROCEDURE PERFORMED ON A SPECIFIC INDIVIDUAL MUST 20 NOT BE SHARED WITH AN AGENCY OUTSIDE COLORADO OR WITH ANY 21 OTHER PERSON; OR 22 (b) COMPLIANCE WITH A VALID, COURT-ISSUED SUBPOENA OR 23 WARRANT THAT IS ISSUED IN COMPLIANCE WITH SUBSECTION (2) OF THIS 24 SECTION OR IN RESPONSE TO THE WRITTEN REQUEST OF AN INDIVIDUAL 25 WHO IS THE SUBJECT OF AN INVESTIGATION OR PROCEEDING. 26 (8) ANY INFORMATION LAWFULLY OBTAINED PURSUANT TO THIS 27 SB25-129 -10- SECTION MUST NOT BE DISCLOSED TO ANY PERSON, AGENCY, OR 1 DEPARTMENT OUTSIDE COLORADO UNLESS OTHERWISE AUTHORIZED 2 PURSUANT TO STATE LAW. 3 SECTION 5. In Colorado Revised Statutes, 13-21-133, amend 4 (1) as follows: 5 13-21-133. Out-of-state civil action against a person or entity 6 prohibited - legally protected health-care activity - out-of-state civil 7 judgment. (1) (a) It is against the public policy of this state for the law 8 of another state to authorize a person to bring a civil action against 9 another person or entity for engaging or attempting or intending to engage 10 in a legally protected health-care activity, as defined in section 12-30-121, 11 (1)(d), or for providing insurance coverage for gender-affirming 12 health-care services, as defined in section 12-30-121, (1)(c), or 13 reproductive health care, as defined in section 25-6-402. (4). 14 (b) (I) IF A PERSON OR ENTITY BRINGS AN OUT-OF-STATE CIVIL OR 15 CRIMINAL ACTION, OR ATTEMPTS TO ENFORCE ANY ORDER OR JUDGMENT 16 ISSUED IN CONNECTION WITH ANY SUCH ACTION, AGAINST ANOTHER 17 PERSON OR ENTITY FOR ENGAGING IN OR ATTEMPTING OR INTENDING TO 18 ENGAGE IN A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, AS DEFINED 19 IN SECTION 12-30-121, OR FOR PROVIDING INSURANCE COVERAGE FOR 20 GENDER-AFFIRMING HEALTH-CARE SERVICES, AS DEFINED IN SECTION 21 12-30-121, OR REPRODUCTIVE HEALTH CARE, AS DEFINED IN SECTION 22 25-6-402, THE PERSON OR ENTITY SUBJECT TO THE OUT-OF-STATE CIVIL OR 23 CRIMINAL ACTION HAS A PRIVATE RIGHT OF ACTION AGAINST THE PERSON 24 OR ENTITY AND, WITHIN THREE YEARS AFTER THE DATE OF THE ALLEGED 25 VIOLATION, MAY INSTITUTE A CIVIL ACTION IN DISTRICT COURT FOR 26 INJUNCTIVE RELIEF; ACTUAL DAMAGES, INCLUDING THE AMOUNT OF ANY 27 SB25-129 -11- JUDGMENT ISSUED IN CONNECTION WITH THE OUT-OF-STATE ACTION, 1 ALONG WITH ANY EXPENSES, COSTS, OR REASONABLE ATTORNEY FEES 2 INCURRED IN CONNECTION WITH THE OUT-OF-STATE ACTION AND CIVIL 3 ACTION FILED PURSUANT TO THIS SECTION; AND ANY OTHER APPROPRIATE 4 REMEDY. 5 (II) THE ATTORNEY GENERAL MAY INTERVENE IN ANY 6 OUT-OF-STATE ACTION BROUGHT AGAINST THE STATE PURSUANT TO THIS 7 SUBSECTION (1)(b). 8 SECTION 6. In Colorado Revised Statutes, amend 16-19-115 as 9 follows: 10 16-19-115. Arrest without warrant. EXCEPT IN CASES ARISING 11 PURSUANT TO SECTION 16-19-107 (2), the arrest of a person may be 12 lawfully made also by any peace officer or a private person without a 13 warrant upon reasonable information that the accused stands charged in 14 the courts of a state with a crime punishable by death or imprisonment for 15 a term exceeding one year. When so arrested The accused must be taken 16 before a judge with all practicable speed, and A complaint must be made 17 against him THE PERSON under oath setting forth the ground GROUNDS for 18 arrest as in section 16-19-114; and thereafter his THE ACCUSED'S answer 19 shall MUST be heard as if he THE ACCUSED had been arrested on a warrant. 20 SECTION 7. In Colorado Revised Statutes, 24-31-101, amend 21 (1)(i)(XXII); and add (1)(i)(XXIV), (1)(i)(XXV), and (1)(i)(XXVI) as 22 follows: 23 24-31-101. Powers and duties of attorney general. (1) The 24 attorney general: 25 (i) May independently initiate and bring civil and criminal actions 26 to enforce state laws, including actions brought pursuant to: 27 SB25-129 -12- (XXII) Part 14 of article 12 of title 38; and 1 (XXIV) SECTION 13-1-140.1; 2 (XXV) SECTION 13-1-140.2; AND 3 (XXVI) ARTICLE 116 OF TITLE 24. 4 SECTION 8. In Colorado Revised Statutes, amend 24-116-101 5 as follows: 6 24-116-101. Prohibition on providing information or 7 expending government resources - legally protected health-care 8 activity. A public agency ENTITY, AS DEFINED IN SECTION 24-10-103, or 9 employee, appointee, officer, official, or any other person acting on 10 behalf of a public agency ENTITY, shall not provide any information or 11 expend or use time, money, facilities, property, equipment, personnel, or 12 other resources in furtherance of any out-of-state investigation or 13 proceeding seeking to impose civil or criminal liability or professional 14 sanction upon a person or entity for engaging in a legally protected 15 health-care activity, as defined in section 12-30-121. (1)(d). 16 SECTION 9. In Colorado Revised Statutes, 24-116-102, amend 17 (1) and (2) as follows: 18 24-116-102. Prohibition on assisting another state - legally 19 protected health-care activity. (1) A state agency or executive 20 department PUBLIC ENTITY, AS DEFINED IN SECTION 24-10-103, shall not 21 provide information or data, including patient medical records, 22 patient-level data, or related billing information, or expend time, money, 23 facilities, property, equipment, personnel, or other resources for the 24 purpose of assisting or furthering an investigation or proceeding initiated 25 in or by another state that seeks to impose criminal or civil liability or 26 professional sanction upon a person or entity for engaging in a legally 27 SB25-129 -13- protected health-care activity, as defined in section 12-30-121. (1)(d). 1 (2) Notwithstanding subsection (1) of this section, an agency or 2 executive department A PUBLIC ENTITY may provide information or 3 assistance in connection with an investigation or proceeding in response 4 to a written request from the subject of the investigation or proceeding. 5 SECTION 10. In Colorado Revised Statutes, add 24-116-103 as 6 follows: 7 24-116-103. Enforcement by the attorney general. THE 8 ATTORNEY GENERAL HAS THE SOLE DISCRETION TO ENFORCE ANY ACTION 9 BROUGHT PURSUANT TO THIS ARTICLE 116 AND ANY RELATED LEGAL 10 ACTION BROUGHT ON BEHALF OF THE STATE. 11 SECTION 11. Severability. If any provision of this act or the 12 application of this act to any person or circumstance is held invalid, the 13 invalidity does not affect other provisions or applications of the act that 14 can be given effect without the invalid provision or application, and to 15 this end the provisions of this act are declared to be severable. 16 SECTION 12. Safety clause. The general assembly finds, 17 determines, and declares that this act is necessary for the immediate 18 preservation of the public peace, health, or safety or for appropriations for 19 the support and maintenance of the departments of the state and state 20 institutions. 21 SB25-129 -14-

SENATE BILL 25-129 BY SENATOR(S) Cutter and Winter F., Amabile, Ball, Bridges, Danielson, Daugherty, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Michaelson Jenet, Rodriguez, Snyder, Sullivan, Weissman, Exum, Mullica, Roberts, Coleman; also REPRESENTATIVE(S) Joseph and McCormick, Bacon, Boesenecker, Brown, Camacho, Carter, Clifford, Espenoza, Froelich, Garcia, Gilchrist, Hamrick, Lieder, Lindstedt, Lukens, Mabrey, Martinez, Rydin, Smith, Stewart K., Stewart R., Story, Titone, Valdez, Velasco, Willford, Woodrow, Zokaie, Duran, Lindsay, Mauro, Paschal, Phillips, Rutinel, Sirota, McCluskie. CONCERNING PROTECTIONS RELATED TO A LEGALLY PROTECTED HEALTH-CARE ACTIVITY. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-30-124, add (16) as follows: 12-30-124. Out-of-state telehealth providers - registration - financial responsibility - discipline - emergency protocol - disclosures - prescriptions - rules - applicability - definitions. (16) THIS SECTION 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. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. DOES NOT ALTER OR LIMIT THE RIGHTS AND PROTECTIONS AFFORDED TO A PERSON CONCERNING A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, AS DEFINED IN SECTION 12-30-121. SECTION 2. In Colorado Revised Statutes, 12-280-124, amend (2) as follows: 12-280-124. Labeling - rules - definitions. (2) (a) Except as otherwise required by law, any drug dispensed pursuant to a prescription order must bear a label prepared and placed on or securely attached to the medicine container stating at least the name and address of the prescription drug outlet, the serial number and the date of the prescription or of its dispensing, the name of the drug dispensed unless otherwise requested by the practitioner, the name of the practitioner, the name of the patient, and, if stated in the prescription, the directions for use and cautionary statements, if any, contained in the prescription. (b) NOTWITHSTANDING THE LABELING REQUIREMENTS DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION, AT THE PRACTITIONER'S REQUEST, A PRESCRIPTION LABEL FOR MIFEPRISTONE, MISOPROSTOL, OR THE GENERIC ALTERNATIVES TO THOSE PRESCRIPTIONS MAY INCLUDE THE NAME OF THE PRESCRIBING HEALTH-CARE PRACTICE INSTEAD OF THE NAME OF THE PRACTITIONER, PROVIDED THE PRACTITIONER INCLUDES THE NAME OF THE HEALTH-CARE PRACTICE ON THE PAPER OR ELECTRONIC FORM OF THE PRESCRIPTION. SECTION 3. In Colorado Revised Statutes, add 13-1-140.1 as follows: 13-1-140.1. Subpoena requirements - legally protected health-care activity - enforcement. (1) Affirmation required. AN INDIVIDUAL REQUESTING A SUBPOENA SHALL AFFIRM UNDER PENALTY OF PERJURY THAT THE SUBPOENA: (a) IS NOT RELATED TO, AND ANY INFORMATION OBTAINED AS A RESULT OF THE SUBPOENA WILL NOT BE USED IN, ANY INVESTIGATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS AGAINST AN INDIVIDUAL OR ENTITY THAT ENGAGED IN OR ATTEMPTED OR INTENDED TO ENGAGE IN A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, AS DEFINED IN SECTION 12-30-121, OR PAGE 2-SENATE BILL 25-129 THAT PROVIDED INSURANCE COVERAGE FOR GENDER-AFFIRMING HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121, OR REPRODUCTIVE HEALTH CARE, AS DEFINED IN SECTION 25-6-402; OR (b) IS RELATED TO AN INVESTIGATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS AGAINST AN INDIVIDUAL OR ENTITY THAT ENGAGED IN OR ATTEMPTED OR INTENDED TO ENGAGE IN A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, AS DEFINED IN SECTION 12-30-121, OR THAT PROVIDED INSURANCE COVERAGE FOR GENDER-AFFIRMING HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121, OR REPRODUCTIVE HEALTH CARE, AS DEFINED IN SECTION 25-6-402, BUT THE INVESTIGATION OR PROCEEDING: (I) IS BROUGHT UNDER TORT LAW OR CONTRACT LAW; (II) IS ACTIONABLE IN AN EQUIVALENT OR SIMILAR MANNER UNDER COLORADO LAW; AND (III) IS BROUGHT BY THE INDIVIDUAL, OR THE INDIVIDUAL'S LEGAL REPRESENTATIVE, WHO RECEIVED GENDER-AFFIRMING HEALTH-CARE SERVICES OR REPRODUCTIVE HEALTH CARE. (2) Jurisdiction and penalty. AN INDIVIDUAL WHO OMITS OR SUBMITS A FALSE AFFIRMATION PURSUANT TO SUBSECTION (1) OF THIS SECTION IS SUBJECT TO THE JURISDICTION OF COLORADO COURTS FOR ANY ACTION, PENALTIES, OR DAMAGES ARISING OUT OF THE OMISSION OR FALSE AFFIRMATION. THE COURT, UPON FINDING THE OMISSION OR FALSE AFFIRMATION WAS MADE INTENTIONALLY, KNOWINGLY, WILLFULLY, OR RECKLESSLY, SHALL IMPOSE A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS FOR EACH VIOLATION, WHICH AMOUNT IS IN ADDITION TO ANY OTHER LEGAL OR EQUITABLE REMEDY LAWFULLY AVAILABLE. (3) Enforcement. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE IMPOSITION OF DAMAGES, PENALTIES, AND ANY OTHER EQUITABLE REMEDIES AGAINST AN INDIVIDUAL WHO OMITS OR SUBMITS A FALSE AFFIRMATION PURSUANT TO SUBSECTION (1) OF THIS SECTION. THE ACTION MUST BE FILED WITHIN SIX YEARS AFTER THE DATE OF THE ALLEGED VIOLATION. PAGE 3-SENATE BILL 25-129 (4) THIS SECTION DOES NOT PROHIBIT THE INVESTIGATION OF CRIMINAL ACTIVITY THAT MAY INVOLVE A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, PROVIDED THAT INFORMATION RELATING TO A MEDICAL PROCEDURE PERFORMED ON AN INDIVIDUAL IS NOT SHARED WITH A FEDERAL AGENCY OR ACTOR, OR AN AGENCY OR INDIVIDUAL FROM ANOTHER STATE, FOR THE PURPOSE OF ENFORCING ANOTHER STATE'S ABORTION LAW. SECTION 4. In Colorado Revised Statutes, 13-21-133, amend (1) as follows: 13-21-133. Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment. (1) (a) It is against the public policy of this state for the law of another state to authorize a person to bring a civil action against another person or entity for engaging or attempting or intending to engage in a legally protected health-care activity, as defined in section 12-30-121, (1)(d), or for providing insurance coverage for gender-affirming health-care services, as defined in section 12-30-121, (1)(c), or reproductive health care, as defined in section 25-6-402. (4). (b) (I) IF A PERSON OR ENTITY BRINGS AN OUT-OF-STATE CIVIL OR CRIMINAL ACTION, OR ATTEMPTS TO ENFORCE ANY ORDER OR JUDGMENT ISSUED IN CONNECTION WITH ANY SUCH ACTION, AGAINST ANOTHER PERSON OR ENTITY FOR ENGAGING IN OR ATTEMPTING OR INTENDING TO ENGAGE IN A LEGALLY PROTECTED HEALTH-CARE ACTIVITY, AS DEFINED IN SECTION 12-30-121, OR FOR PROVIDING INSURANCE COVERAGE FOR GENDER-AFFIRMING HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121, OR REPRODUCTIVE HEALTH CARE, AS DEFINED IN SECTION 25-6-402, THE PERSON OR ENTITY SUBJECT TO THE OUT-OF-STATE CIVIL OR CRIMINAL ACTION HAS A PRIVATE RIGHT OF ACTION AGAINST THE PERSON OR ENTITY AND, WITHIN SIX YEARS AFTER THE DATE THE OUT-OF-STATE ACTION IS COMMENCED, OR IF THE PERSON OR ENTITY IS ATTEMPTING TO ENFORCE AN OUT-OF-STATE ORDER OR JUDGMENT, SIX YEARS AFTER THE DATE ENFORCEMENT IS ATTEMPTED, MAY INSTITUTE A CIVIL ACTION IN DISTRICT COURT FOR INJUNCTIVE RELIEF; ACTUAL DAMAGES, INCLUDING THE AMOUNT OF ANY JUDGMENT ISSUED IN CONNECTION WITH THE OUT-OF-STATE ACTION, ALONG WITH ANY EXPENSES, COSTS, OR REASONABLE ATTORNEY FEES INCURRED IN CONNECTION WITH THE OUT-OF-STATE ACTION AND CIVIL ACTION FILED PURSUANT TO THIS SECTION; AND ANY OTHER APPROPRIATE PAGE 4-SENATE BILL 25-129 REMEDY. (II) THE ATTORNEY GENERAL MAY INTERVENE IN ANY OUT-OF-STATE ACTION BROUGHT AGAINST THE STATE PURSUANT TO THIS SUBSECTION (1)(b). SECTION 5. In Colorado Revised Statutes, amend 16-19-115 as follows: 16-19-115. Arrest without warrant. EXCEPT IN CASES ARISING PURSUANT TO SECTION 16-19-107 (2), the arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year. When so arrested The accused must be taken before a judge with all practicable speed, and A complaint must be made against him THE PERSON under oath setting forth the ground GROUNDS for arrest as in section 16-19-114; and thereafter his THE ACCUSED'S answer shall MUST be heard as if he THE ACCUSED had been arrested on a warrant. SECTION 6. In Colorado Revised Statutes, 24-31-101, amend (1)(i)(XXII); and add (1)(i)(XXIV), (1)(i)(XXV), and (1)(i)(XXVI) as follows: 24-31-101. Powers and duties of attorney general. (1) The attorney general: (i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to: (XXII) Part 14 of article 12 of title 38; and (XXIV) SECTION 13-1-140.1; (XXV) SECTION 13-1-140.2; AND (XXVI) ARTICLE 116 OF TITLE 24. SECTION 7. In Colorado Revised Statutes, amend 24-116-101 as follows: PAGE 5-SENATE BILL 25-129 24-116-101. Prohibition on providing information or expending government resources - legally protected health-care activity. A public agency ENTITY, AS DEFINED IN SECTION 24-10-103, or employee, appointee, officer, official, or any other person acting on behalf of a public agency ENTITY, OR A PERSON OR ENTITY LICENSED OR REGULATED BY THE STATE, shall not provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any out-of-state investigation, OR, TO THE EXTENT CONSTITUTIONALLY PERMISSIBLE, ANY FEDERAL INVESTIGATION or proceeding seeking to impose civil or criminal liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity, as defined in section 12-30-121. (1)(d). SECTION 8. In Colorado Revised Statutes, 24-116-102, amend (1) and (2) as follows: 24-116-102. Prohibition on assisting another state - legally protected health-care activity. (1) A state agency or executive department PUBLIC ENTITY, AS DEFINED IN SECTION 24-10-103, OR A PERSON OR ENTITY LICENSED OR REGULATED BY THE STATE, shall not provide information or data, including patient medical records, patient-level data, or related billing information, or expend time, money, facilities, property, equipment, personnel, or other resources for the purpose of assisting or furthering an investigation or proceeding initiated in or by another state, OR, TO THE EXTENT CONSTITUTIONALLY PERMISSIBLE, INITIATED BY THE FEDERAL GOVERNMENT, that seeks to impose criminal or civil liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity, as defined in section 12-30-121. (1)(d). (2) Notwithstanding subsection (1) of this section, an agency or executive department A PUBLIC ENTITY, OR A PERSON OR ENTITY LICENSED OR REGULATED BY THE STATE, may provide information or assistance in connection with an investigation or proceeding in response to a written request from the subject of the investigation or proceeding. SECTION 9. In Colorado Revised Statutes, add 24-116-103 as follows: 24-116-103. Enforcement by the attorney general. THE ATTORNEY GENERAL HAS THE SOLE DISCRETION TO ENFORCE ANY ACTION PAGE 6-SENATE BILL 25-129 BROUGHT PURSUANT TO THIS ARTICLE 116 AND ANY RELATED LEGAL ACTION BROUGHT ON BEHALF OF THE STATE. SECTION 10. In Colorado Revised Statutes, add 25-2-108.5 as follows: 25-2-108.5. Reports of induced terminations of pregnancy - confidentiality - penalty. (1) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL NOT COLLECT THE FOLLOWING INFORMATION AS PART OF ANY REQUIRED REPORTING OF INDUCED TERMINATIONS OF PREGNANCY: (a) THE PATIENT'S NAME, DATE OF BIRTH, ADDRESS, EMPLOYER, SPOUSE'S NAME, OR PARENT'S OR LEGAL GUARDIAN'S NAME; OR (b) THE CITY OR TOWN WHERE THE TERMINATION OF PREGNANCY OCCURRED. (2) REPORTS OF INDUCED TERMINATIONS OF PREGNANCY COLLECTED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MUST ONLY BE USED FOR COMPILATION OF STATISTICAL REPORTS AND MUST NOT BE INCORPORATED INTO THE OFFICIAL RECORDS OF THE OFFICE OF THE STATE REGISTRAR OF VITAL STATISTICS. THE STATE REGISTRAR SHALL DISPOSE OF ANY REPORTS OF INDUCED TERMINATIONS OF PREGNANCY WHEN ALL STATISTICAL PROCESSING OF THE REPORTS HAVE BEEN ACCOMPLISHED. (3) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MAY COLLECT REPORTS OF INDUCED TERMINATIONS OF PREGNANCY FROM HEALTH-CARE FACILITIES AND PROVIDERS NO MORE THAN ONCE A MONTH. (4) (a) REPORTS OF INDUCED TERMINATIONS OF PREGNANCY COLLECTED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND STATISTICAL ANALYSIS OF THE REPORTS MUST REMAIN CONFIDENTIAL AND MUST NOT BE RELEASED, SHARED WITH ANY STATE OR FEDERAL AGENCY OR INSTITUTION, OR MADE PUBLIC UPON THE ISSUANCE OF A SUBPOENA OR SEARCH WARRANT OR DURING A DISCOVERY PROCEEDING; EXCEPT THAT AN AGGREGATE-LEVEL SUMMARY OF REPORTS MAY BE RELEASED TO THE EXTENT REQUIRED BY LAW, OR AS NECESSARY TO: (I) PROMOTE EQUITABLE ACCESS TO PATIENT-CENTERED, QUALITY CONTRACEPTIVE SERVICES IN COLORADO; PAGE 7-SENATE BILL 25-129 (II) REDUCE UNINTENDED PREGNANCIES; AND (III) MONITOR CHANGES IN CLINICAL PRACTICE PATTERNS RELATED TO ABORTION CARE. (b) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL LIMIT THE DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION TO THE MINIMUM AMOUNT NECESSARY TO ACCOMPLISH THE PUBLIC HEALTH PURPOSE OF DISCLOSING THE INFORMATION. (c) NOTWITHSTANDING THIS SUBSECTION (4) TO THE CONTRARY, INFORMATION COLLECTED THAT HAS FEWER THAN TEN RECORDS MUST NOT BE RELEASED UNDER ANY CIRCUMSTANCE. (5) AN OFFICER, EMPLOYEE, OR AGENT OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR AN OFFICER, EMPLOYEE, OR AGENT OF A COUNTY, DISTRICT, OR MUNICIPAL PUBLIC HEALTH AGENCY IS NOT REQUIRED TO PARTICIPATE OR TESTIFY IN A JUDICIAL, EXECUTIVE, LEGISLATIVE, OR OTHER PROCEEDING THAT CONCERNS THE EXISTENCE OR CONTENT OF AN INDIVIDUAL REPORT. (6) A PERSON WHO VIOLATES THIS SECTION BY RELEASING OR DISCLOSING CONFIDENTIAL INFORMATION OR BY DISCLOSING INFORMATION WITHOUT AUTHORIZATION COMMITS A DATA PRIVACY BREACH AND IS SUBJECT TO THE PROVISIONS OF SECTION 24-74-107. EACH UNAUTHORIZED DISCLOSURE OF INFORMATION CONSTITUTES A SEPARATE OFFENSE. SECTION 11. In Colorado Revised Statutes, amend 24-74-107 as follows: 24-74-107. Data privacy breaches - accountability provisions. Any state agency employee who intentionally violates the provisions of this article 74 OR SECTION 25-2-108.5 is subject to an injunction and is liable for a civil penalty of not more than fifty thousand dollars for each violation. SECTION 12. Severability. If any provision of this act or the application of this act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. PAGE 8-SENATE BILL 25-129 SECTION 13. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions. ____________________________ ____________________________ James Rashad Coleman, Sr. Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 9-SENATE BILL 25-129