(1)In addition to all other powers and duties conferred and imposed upon the state
board of health by this part 1, the board has the following specific powers and
duties:
(a)To determine general policies to be followed by the division of
administration in administering and enforcing the public health laws and the orders,
standards, rules, and regulations of the board;
(b)To act in an advisory capacity to the executive director of the department
on all matters pertaining to public health;
(c)(I) To issue from time to time such orders, to adopt such rules and
regulations, and to establish such standards as the board may deem necessary or
proper to carry out the provisions and purposes of this part 1 and to administer and
enforce the public health laws of this state;
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(1)
In addition to all other powers and duties conferred and imposed upon the state
board of health by this part 1, the board has the following specific powers and
duties:
(a) To determine general policies to be followed by the division of
administration in administering and enforcing the public health laws and the orders,
standards, rules, and regulations of the board;
(b) To act in an advisory capacity to the executive director of the department
on all matters pertaining to public health;
(c) (I) To issue from time to time such orders, to adopt such rules and
regulations, and to establish such standards as the board may deem necessary or
proper to carry out the provisions and purposes of this part 1 and to administer and
enforce the public health laws of this state;
(II) To adopt rules and standards concerning building regulations for skilled
and intermediate health-care facilities. The enforcement of these rules may be
waived by the board for periods of time as recommended by the department if the
rigid application of the rules would result in demonstrated financial hardship to a
skilled or intermediate facility, but only if the waiver will not adversely affect the
health and safety of patients.
(III) to (V) Repealed.
(VI) To adopt rules and to establish such standards as the board may deem
necessary or proper to assure that hospitals; other acute care facilities; county,
district, and municipal public health agencies; and trauma centers are prepared for
an emergency epidemic, as defined in section 24-33.5-703 (4), that is declared to
be a disaster emergency, including the immediate investigation of any case of a
suspected emergency epidemic, the maintenance of an adequate stockpile of
personal protective equipment for infection control, and staff proficiency in using
the personal protective equipment;
(d) To hold hearings, administer oaths, subpoena witnesses, and take
testimony in all matters relating to the exercise and performance of the powers and
duties vested in or imposed upon the board. The board may designate an
administrative law judge appointed pursuant to part 10 of article 30 of title 24,
C.R.S., to conduct hearings for the board, pursuant to section 24-4-105, C.R.S., and
to carry out such administrative and other duties of the board as the board may
require in the conduct of its hearings.
(e) To establish and appoint, as the board may deem necessary or advisable,
special advisory committees to advise and confer with the board concerning the
public health aspects of any business, profession, or industry within the state of
Colorado. Any committee established and appointed under the provisions of this
section shall act only in an advisory capacity to the board and shall meet with the
board at least once each year at such regular meeting of the board as may be
designated by the board and at such other times as such committee may be called
into meeting by the president of the board. Members of any special advisory
committee shall serve without compensation but may, in the discretion of the board,
be allowed actual and necessary traveling and subsistence expenses when in
attendance at meetings away from their places of residence.
(f) to (h) Repealed.
(i) (I) Every three years, to review and amend, as necessary, the department's
internal emergency response and recovery plan that addresses the public health
response to acts of bioterrorism, pandemic influenza, and epidemics caused by
novel and highly fatal infectious agents.
(II) As used in this subsection (1)(i):
(A) Internal emergency response and recovery plan means the portion of
the state emergency operations plan prepared and updated by the department that
specifies operations that will be implemented if there is an occurrence or imminent
threat of an emergency epidemic.
(B) State emergency operations plan means the plan developed in
accordance with section 24-33.5-705 (2) by the office of emergency management
in the division of homeland security and emergency management in the department
of public safety to address the preparation, prevention, mitigation, response, and
recovery from emergencies and disasters.
(2) The board shall act only by resolution adopted at a duly called meeting of
the board, and no individual member of the board shall exercise individually any
administrative authority with respect to the department.
(3) In the exercise of its powers, the department shall not promulgate any
rule or standard that limits or interferes with the ability of an individual to enter into
a contract with a private pay facility concerning the programs or services provided
at the private pay facility. For the purposes of this subsection (3), private pay
facility means a skilled nursing facility or intermediate care facility subject to the
requirements of section 25-1-120 or an assisted living residence licensed pursuant
to section 25-27-105 that is not publicly funded or is not certified to provide
services that are reimbursed from state or federal assistance funds.
(4) and (5) Repealed.
(6) The board shall allow the Colorado youth advisory council, as established
in section 2-2-1302, to present to the board twice a year on issues including the
youth opioid epidemic and other health issues.
Source: L. 47: p. 511, � 6. CSA: C. 78, � 21(6). CRS 53: � 66-1-8. L. 55: p. 428, �
2. L. 59: p. 468, � 2. C.R.S. 1963: � 66-1-8. L. 67: p. 345, � 16. L. 68: pp. 107, 108, ��
77, 81. L. 75: (1)(c)(II) R&RE, p. 871, � 1, effective July 14; (1)(d) amended, p. 872, � 1,
effective July 14. L. 77: (1)(d) amended, p. 308, � 12, effective June 10. L. 87: (1)(d)
amended, p. 967, � 76, effective March 13. L. 92: (1)(g) added, p. 1236, � 3, effective
August 1. L. 94: (1)(c)(V) added, p. 32, � 5, effective March 9; (1)(h) added, p. 565, �
13, effective April 6; (3) added, p. 2610, � 11, effective July 1. L. 96: (1)(g) repealed, p.
1284, � 1, effective June 1. L. 2000: (1)(c)(VI) added, p. 88, � 6, effective March 15; (4)
added, p. 545, � 23, effective July 1. L. 2002: (3) amended and (5) added, p. 1328, �
15, effective July 1. L. 2003: (5) amended, p. 2007, � 84, effective May 22. L. 2006: (1)(c)(V) repealed, p. 1127, � 1, effective July 1. L. 2007: (5) amended, p. 2040, � 62,
effective June 1. L. 2008: (5) repealed, p. 662, � 1, effective August 5. L. 2010: (1)(c)(VI) amended, (HB 10-1422), ch. 419, p. 2089, � 83, effective August 11. L. 2013: (1)(c)(VI) amended, (HB 13-1300), ch. 316, p. 1686, � 69, effective August 7. L. 2019: IP(1) amended and (1)(f) repealed, (SB 19-082), ch. 15, p. 58, � 2, effective August 2;
(1)(c)(II) amended and (1)(c)(III) and (1)(c)(IV) repealed, (HB 19-1060), ch. 10, p. 39, � 2,
effective August 2; (1)(c)(VI) amended, (SB 19-080), ch. 22, p. 78, � 2, effective
August 2; (1)(h) repealed, (HB 19-1068), ch. 63, p. 228, � 2, effective August 2. L.
2022: (1)(c)(VI) amended, (HB 22-1352), ch. 177, p. 1172, � 2, effective May 18. L.
2025: (1)(i) added, (HB 25-1027), ch. 65, p. 272, � 2, effective April 10; (6) added, (SB
25-164), ch. 168, p. 680, � 2, effective August 6.