Colorado § 25-32-105 - Department - poison control services - duties - contract.

§ 25-32-105. Department - poison control services - duties - contract.

(1) The department has the following powers and duties with respect to the provision of poison control services on a statewide basis and for the dissemination of information as provided in this article 32:

(a) To solicit, receive, and review contract bids for the provision of poison control services and the dissemination of poison control information by means of a toll-free telephone network;

(b) (I) To contract with private, nonprofit, or public entities for the continuing provision of statewide poison control services and the continuing dissemination of poison control information to the citizens of the state by means of a toll-free telephone network, the provision of which services initially commenced on July 1, 1995. The department shall review the contract at least once each year and shall solicit and receive bids on the provision of poison control services no less than once every five years. This paragraph (b) shall apply to contract years commencing July 1, 1995, and thereafter.

(II) On or after January 1, 2016, to contract with private, nonprofit, or public entities for the continuing provision of statewide poison control services and the continuing dissemination of poison control information to the citizens of the state by means other than a toll-free telephone network, such as text messaging, instant messaging, and email. The entity or entities shall coordinate these services with the toll-free telephone network described in subsection (1)(b)(I) of this section. The general assembly shall appropriate at least one million dollars for the fiscal year 2015-16 to the department for it to contract with an entity to build the infrastructure necessary for the services identified in this subsection (1)(b)(II), and any unexpended and unencumbered money from the appropriation remains available for expenditure by the department in the next fiscal year without further appropriation. In addition, the general assembly may annually appropriate money from the marijuana tax cash fund created in section 39-28.8-501 to the department for the services identified in this subsection (1)(b)(II).

(c) To provide, by contract and for adequate reimbursement, poison control services and the dissemination of poison control information to the citizens of other states by this state;

(d) To contract with an auditor for a performance or financial audit at the discretion of the department. A copy of such audit, when performed, shall be sent to the joint budget committee.

(2) Whenever the department of health care policy and financing is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department of public health and environment, such reference or designation shall be deemed to apply to the department of public health and environment. All contracts entered into by the department of health care policy and financing prior to July 1, 2002, in connection with the duties and functions transferred to the department of public health and environment, are hereby validated, with the department of public health and environment succeeding to all the rights and obligations of such contracts. Any appropriation of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the department of public health and environment for the payment of such obligations.

Source: L. 2002: Entire article added, p. 426, § 1, effective July 1. L. 2013: IP(1), (1)(a), and (1)(d) amended, (HB 13-1139), ch. 120, p. 409, § 8, effective August 7. L. 2015: (1)(b) amended, (HB 15-1367), ch. 271, p. 1076, § 14, effective January 1, 2016. L. 2018: IP(1) and (1)(b)(II) amended, (HB 18-1369), ch. 253, p. 1555, § 6, effective August 8.

Editor's note: (1) Section 23(2) of chapter 271 (HB 15-1367), Session Laws of Colorado 2015, provides that changes to this section by the act take effect only if a majority of voters approve the ballot issue referred in accordance with section 39-28.8-603 (1) at the November 2015 statewide election, and, if the voters approve the ballot measure, the changes to this section are effective on the date of the official declaration of the vote by the governor, or January 1, 2016, whichever is later.

(2) The ballot issue was approved by voters on November 3, 2015. The governor's proclamation was issued on December 28, 2015, establishing an effective date of January 1, 2016, for changes to this section. The vote count for the measure was as follows:

FOR: 847,380

AGAINST: 373,734

Cross references: For the legislative declaration in HB 15-1367, see section 1 of chapter 271, Session Laws of Colorado 2015. For the legislative declaration in HB 18-1369, see section 1 of chapter 253, Session Laws of Colorado 2018.