Colorado § 12-30-121 - Legally protected health-care activity - prohibit adverse action against regulated professionals and applicants - definitions.

§ 12-30-121. Legally protected health-care activity - prohibit adverse action against regulated professionals and applicants - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Civil judgment" means a final court decision and order resulting from a civil lawsuit or a settlement in lieu of a final court decision.

(b) "Criminal judgment" means a guilty verdict, a plea of guilty, a plea of nolo contendere, pretrial diversion, or a deferred judgment or sentence resulting from criminal charges or criminal proceedings or the dismissal of charges or the decision not to prosecute charges.

(c) "Gender-affirming health-care services" means all supplies, care, and services of a medical, behavioral health, mental health, psychiatric, habilitative, surgical, therapeutic, diagnostic, preventive, rehabilitative, or supportive nature relating to the treatment of gender dysphoria.

(d) "Legally protected health-care activity" means seeking, providing, receiving, or referring for; assisting in seeking, providing, or receiving; or providing material support for or traveling to obtain gender-affirming health-care services or reproductive health care that is not unlawful in this state, including on any theory of vicarious, joint, several, or conspiracy liability. As it relates to the provision of or referral for gender-affirming health-care services or reproductive health by a health-care provider licensed in this state and physically present in this state, the services and care are considered a "legally protected health-care activity" if the service or care is lawful in this state, regardless of the patient's location.

(e) "Reproductive health care" means health care and other medical services related to the reproductive processes, functions, and systems at all stages of life. It includes, but is not limited to, family planning and contraceptive care; gender-affirming health-care services; abortion care; prenatal, postnatal, and delivery care; fertility care; sterilization services; and treatments for sexually transmitted infections and reproductive cancers.

(2) A regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against an individual's license, certificate, or registration based solely on:

(a) The applicant's, licensee's, certificant's, or registrant's provision of, or assistance in the provision of, a legally protected health-care activity in this state or any other state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;

(b) A civil judgment or criminal judgment against the applicant, licensee, certificant, or registrant arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or any other state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;

(c) A professional disciplinary action or any other sanction against or suspension, revocation, surrender, or relinquishment of the applicant's, licensee's, certificant's, or registrant's professional license, certification, or registration in this state or any other state or United States territory, so long as:

(I) The professional disciplinary action is based solely on the applicant's, licensee's, certificant's, or registrant's provision of, or assistance in the provision of, a legally protected health-care activity; and

(II) The care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;

(d) The applicant's, licensee's, certificant's, or registrant's own personal effort to seek or engage in a legally protected health-care activity in this state or any other state or United States territory; or

(e) A civil or criminal judgment against the applicant, licensee, certificant, or registrant arising from the individual's own personal legally protected health-care activity in this state or any other state or United States territory.

Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 243, § 5, effective April 14.

Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.