Colorado § 25-27-102 - Definitions.

§ 25-27-102. Definitions.

As used in this article 27, unless the context otherwise requires:

(1) Repealed.

(1.3) "Assisted living residence" or "residence" means a residential facility that makes available to three or more adults not related to the owner of such facility, either directly or indirectly through an agreement with the resident, room and board and at least the following services: Personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that shall be available on a twenty-four-hour basis, but not to the extent that regular twenty-four-hour medical or nursing care is required. The term "assisted living residence" does not include any facility licensed in this state as a residential care facility for individuals with developmental disabilities, or any individual residential support services that are excluded from licensure requirements pursuant to rules adopted by the department of public health and environment.

(2) "Department" means the department of public health and environment of the state of Colorado.

(2.5) "Direct care worker" means an employee who provides hands-on care, services, and support to residents of an assisted living residence.

(2.7) "Fit test" means a test protocol conducted to verify that a respirator or mask is both comfortable and provides the wearer with the expected protection.

(3) to (5) Repealed.

(6) "Local board of health" means any county, district, or municipal board of health.

(6.5) "Local ombudsman" has the same meaning as set forth in section 26-11.5-103 (2).

(7) Repealed.

(8) (Deleted by amendment, L. 2002, p. 1317, § 2, effective July 1, 2002.)

(9) "Personal services" means those services that the operator and employees of an assisted living residence provide for each resident, including, but not limited to:

(a) An environment that is sanitary and safe from physical harm;

(b) Individualized social supervision;

(c) Assistance with transportation; and

(d) Assistance with activities of daily living, including but not limited to bathing, dressing, and eating.

(9.3) "Portable test" means the following tests for which, when successfully completed by an individual, the individual is provided a certification of completion that may be transferred from one assisted living residence to another in accordance with this section:

(a) A fit test; and

(b) A tuberculosis test.

(9.5) "Portable training" means the following training for which, when successfully completed by an individual, the individual is provided a certification of completion that may be transferred from one assisted living residence to another in accordance with this section:

(a) Hand hygiene and infection control;

(b) Basic first aid;

(c) Resident rights;

(d) Person-centered care;

(e) Fall prevention;

(f) Lift assistance; and

(g) Food safety.

(10) "Protective oversight" means guidance of a resident as required by the needs of the resident or as reasonably requested by the resident, including the following:

(a) Being aware of a resident's general whereabouts, although the resident may travel independently in the community; and

(b) Monitoring the activities of the resident while on the premises to ensure the resident's health, safety, and well-being, including monitoring the resident's needs and ensuring that the resident receives the services and care necessary to protect the resident's health, safety, and well-being.

(10.5) "Qualified medication administration personnel" means an individual who has passed a competency evaluation administered by the department before July 1, 2017, or has passed a competency evaluation administered by an approved training entity on or after July 1, 2017, and whose name appears on the department's list of individuals who have passed the requisite competency evaluation.

(11) "State board" means the state board of health.

(12) "State long-term care ombudsman" has the same meaning as set forth in section 26-11.5-103 (7).

Source: L. 84: Entire article added, p. 789, § 1, effective July 1. L. 85: (1) and (5) repealed and (9) amended, p. 1362, §§ 23, 24, effective June 28; (3), (4), and (7) repealed and (8) and (9) amended, pp. 928, 924, §§ 7, 2, effective July 1. L. 90: (8) R&RE, p. 1354, § 1, effective July 1. L. 92: (8) amended, p. 1398, § 59, effective July 1. L. 94: (2) and (8) amended, p. 2794, § 542, effective July 1. L. 2001: (8) amended, p. 106, § 3, effective March 21. L. 2002: (1.3) added and (8), (9), and (10) amended, p. 1317, § 2, effective July 1. L. 2010: (6) amended, (HB 10-1422), ch. 419, p. 2107, § 132, effective August 11. L. 2022: IP amended and (6.5) and (12) added, (SB 22-154), ch. 323, p. 2290, § 4, effective June 2. L. 2024: (2.5), (2.7), (9.3), (9.5), and (10.5) added, (SB 24-167), ch. 447, p. 3121, § 1, effective January 1, 2025. L. 2025: (10.5) amended, (HB 25-1022), ch. 1, p. 1, § 1, effective February 27.

Cross references: For the legislative declaration contained in the 1994 act amending subsections (2) and (8), see section 1 of chapter 345, Session Laws of Colorado 1994.