Colorado § 27-10.5-103 - Duties of the executive director - rules - definitions.

§ 27-10.5-103. Duties of the executive director - rules - definitions.

(1) In order to implement the provisions of this article 10.5, the executive director shall carry out the following duties, subject to available appropriations:

(a) Promote effective coordination with agencies serving persons with intellectual and developmental disabilities in order to improve continuity of services and supports for persons facing life transitions from toddler to preschool, school to adult life, and work to retirement;

(b) Repealed.

(c) Operate regional centers pursuant to part 3 of this article; and

(d) Facilitate employment first policies and practices by:

(I) Providing department input and assistance to the employment first advisory partnership established in part 3 of article 84 of title 8, C.R.S., in carrying out its duties; and

(II) Presenting the reports and recommendations of the employment first advisory partnership to the department's legislative committee of reference pursuant to section 8-84-303 (7), C.R.S.

(2) In accordance with section 24-4-103, and in coordination with the requirements of article 10 of title 25.5, the department shall adopt such rules as are necessary to carry out the provisions and purposes of this article 10.5, including but not limited to the following:

(a) Standards for services and supports, including preparation of individualized plans;

(b) Purchase of services and supports and financial administration;

(c) Procedures for resolving disputes over eligibility determination and the modification, denial, or termination of services;

(d) Procedures for admission to programs contained in this article;

(e) Systems of quality assurance and data collection;

(f) The rights of a person receiving services;

(g) Confidentiality of records of a person receiving services;

(h) Designation of authorized representatives and delineation of their rights and duties pursuant to this article;

(i) (I) The establishment of guidelines and procedures for authorization of persons for administration of nutrition and fluids through gastrostomy tubes.

(II) The department shall require that a service agency providing residential or day program services or supports have a staff member qualified pursuant to subparagraph (III) of this paragraph (i) on duty at any time the facility administers said nutrition and fluids through gastrostomy tubes, and that the facility maintain a written record of each nutrient or fluid administered to each person receiving services, including the time and the amount of the nutrient or fluid.

(III) A person who is not otherwise authorized by law to administer nutrition and fluids through gastrostomy tubes is allowed to perform the duties only under the supervision of a licensed nurse, a licensed certified midwife, or a licensed physician. A person who administers nutrition and fluids in compliance with this subsection (2)(i) is exempt from the licensing requirements of the "Colorado Medical Practice Act", article 240 of title 12, and the "Nurse and Nurse Aide Practice Act", article 255 of title 12. Nothing in this subsection (2)(i) shall be deemed to authorize the administration of medications through gastrostomy tubes. A person administering medications through gastrostomy tubes is subject to the requirements of part 3 of article 1.5 of title 25.

(IV) As used in this subsection (2)(i):

(A) "Administration" means assisting a person in the ingestion of nutrition or fluids according to the direction and supervision of a licensed nurse, a licensed certified midwife, or a licensed physician.

(B) "Certified midwife" has the same meaning as set forth in section 12-255-104 (3.2).

(j) Repealed.

Source: L. 75: Entire article added, p. 908, § 1, effective July 1. L. 79: (4)(b) amended, p. 1640, § 47, effective July 19. L. 85: Entire section R&RE, p. 987, § 3, effective July 1. L. 88: (2)(j) repealed and (3) amended, pp. 1083, 1082, §§ 9, 2, effective April 9. L. 91: (2)(k) added, p. 1164, § 6, effective March 29; (1)(f) amended, p. 1859, § 22, effective April 11. L. 92: (2)(k)(V) repealed, p. 2011, § 5, effective June 2; entire section amended, p. 1357, § 3, effective July 1. L. 93: (1)(f) amended, p. 1162, § 133, effective July 1, 1994; (1)(f) repealed, p. 1121, § 32, effective July 1, 1994. L. 94: (1)(f) RC&RE, p. 2613, § 18, effective July 1. L. 2003: IP(2) and (2)(k)(III) amended, p. 714, § 54, effective July 1. L. 2006: (1)(f) amended, p. 2021, § 112, effective July 1. L. 2007: Entire section amended, p. 1559, § 6, effective May 31. L. 2008: (1)(h) and (2)(l) amended, p. 1448, § 2, effective August 5. L. 2009: IP(2) amended, (SB 09-044), ch. 57, p. 208, § 10, effective March 25. L. 2010: (2)(e) amended, (SB 10-208), ch. 314, p. 1472, § 2, effective May 27. L. 2013: Entire section R&RE, (HB 13-1314), ch. 323, p. 1792, § 3, effective March 1, 2014. L. 2016: (1)(b) and (1)(c) amended and (1)(d) added, (SB 16-077), ch. 360, p. 1507, § 8, effective July 1. L. 2019: IP(2) and (2)(i)(III) amended, (HB 19-1172), ch. 136, p. 1712, § 197, effective October 1. L. 2020: (2)(i)(III) amended, (HB 20-1183), ch. 157, p. 704, § 65, effective July 1. L. 2021: IP(1) and (1)(b) amended, (SB 21-275), ch. 393, p. 2613, § 6, effective July 1, 2022. L. 2022: (1)(b) and (2)(j) repealed, (HB 22-1295), ch. 123, p. 861, § 110, effective July 1. L. 2023: (2)(i)(III) and (2)(i)(IV) amended, (SB 23-167), ch. 261, p. 1550, § 64, effective May 25.

Editor's note: Amendments to this section by Senate Bill 92-096 and Senate Bill 92-133 were harmonized.

Cross references: For the legislative declaration contained in the 1993 act repealing subsection (1)(f), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act recreating and reenacting subsection (1)(f), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 16-077, see section 1 of chapter 360, Session Laws of Colorado 2016.