Colorado § 25-4-2605 - Limitations on liability - repeal.

§ 25-4-2605. Limitations on liability - repeal.

(1) A person that administers a vaccine or other immunizing agent to an adult is not liable for injuries sustained pursuant to the vaccine or other immunizing agent if:

(a) The vaccine or other immunizing agent was administered in accordance with the schedule of recommended adult immunizations established by the state board of health pursuant to section 25-4-2604;

(b) There were no medical contraindications for administering the vaccine or other immunizing agent; and

(c) The vaccine or other immunizing agent was administered using generally accepted clinical methods.

(2) An action shall not be maintained for a vaccine-related or immunizing-agent-related injury or death until action for compensation for the alleged injury is exhausted under the terms of the federal "National Childhood Vaccine Injury Act of 1986", 42 U.S.C. secs. 300aa-10 to 300aa-33, as such law is from time to time amended, so long as the federal "National Childhood Vaccine Injury Act of 1986" applies to the particular vaccine or immunizing agent administered.

(3) If the injury that is sustained or the death does not fall within the parameters of the vaccine or immunizing agent injury table as defined in 42 U.S.C. sec. 300aa-14, as enacted on November 14, 1986, a rebuttable presumption is established that the injury sustained or the death was not due to the administration of the vaccine or immunizing agent. The presumption is overcome by a preponderance of the evidence.

(4) (a) Where a claim brought on or before January 30, 2029, against a hospital, clinic, pharmacy, wholesaler, or provider arises from injuries resulting from the handling, storage, or distribution of vaccines or immunizing agents pursuant to this part 26, the hospital, clinic, pharmacy, wholesaler, or provider is not liable unless the injuries are the result of the negligent failure of an employee of the hospital, clinic, pharmacy, wholesaler, or provider to conform to recognized standards of practice that are necessary for the protection of public health.

(b) This subsection (4) is repealed, effective July 1, 2031.

(5) Where a claim brought on or after January 31, 2029, against a hospital, clinic, pharmacy, or provider arises from injuries resulting from the handling, storage, or distribution of vaccines or immunizing agents pursuant to this part 26, the hospital, clinic, pharmacy, or provider is not liable unless the injuries are the result of the negligent failure of an employee of the hospital, clinic, pharmacy, or provider to conform to recognized standards of practice that are necessary for the protection of public health.

Source: L. 2026: Entire part added, (SB 26-032), ch. 24, p. 116, § 15, effective March 27.

PRODUCTS CONTROL AND SAFETY

ARTICLE 5

Products Control and Safety

PART 1

PROPHYLACTICS

25-5-101 to

25-5-112. (Repealed)

PART 2

ENRICHMENT OF FLOUR AND BREAD

25-5-201. Legislative declaration.

25-5-202. Definitions.

25-5-203. Content of flour.

25-5-204. Content of white bread or rolls.

25-5-205. Enforcement of part 2.

25-5-206. Penalty.

PART 3

MATTRESSES AND BEDDING

25-5-301. Short title.

25-5-302. Definitions.

25-5-303. Restrictions.

25-5-304. Sale of bedding exposed to contagion. (Repealed)

25-5-305. Disinfection.

25-5-306. Receiving bedding to be remade. (Repealed)

25-5-307. Tagging.

25-5-308. Removing or defacing tag or stamp. (Repealed)

25-5-309. Administered by department.

25-5-310. License. (Repealed)

25-5-311. Disposition of moneys. (Repealed)

25-5-312. Appropriation. (Repealed)

25-5-313. Posting of license. (Repealed)

25-5-314. Enforcement.

25-5-315. Violation - what constitutes. (Repealed)

25-5-316. Penalty for violation.

25-5-317. Rules and regulations.

PART 4

PURE FOOD AND DRUG LAW

25-5-401. Short title.

25-5-402. Definitions.

25-5-403. Offenses.

25-5-404. Injunction.

25-5-405. Penalties.

25-5-406. Tagging articles misbranded or adulterated.

25-5-407. Duties of district attorney.

25-5-408. Discretion as to warning.

25-5-409. Regulations.

25-5-410. Definitions of "adulterated".

25-5-411. Definitions of "misbranding" - food.

25-5-412. Issuance of permits.

25-5-413. Limit of adulteration - rule or regulation.

25-5-414. Adulterations.

25-5-415. Misbranding of drugs or devices - exemption - definition.

25-5-416. Adulteration of cosmetics.

25-5-417. Misbranding of cosmetics.

25-5-418. Advertisements.

25-5-419. Packaging and labeling of consumer commodities.

25-5-420. Enforcement.

25-5-421. Inspections.

25-5-422. Reports and information.

25-5-423. Cooperation with federal agencies.

25-5-424. Review.

25-5-425. Application of part 4.

25-5-426. Wholesale food manufacturing and storage - definitions - legislative declaration - registration - fees - cash fund.

25-5-427. Classes of hemp-derived compounds and cannabinoids - definitions - registration required - prohibitions - safe harbor - rules.

25-5-428. Misbranding of cell-cultivated meat as meat product prohibited - labeling of cell-cultivated meat required - definitions - inspections - stop orders - embargo orders - enforcement - rules.

25-5-429. Chemicals used in hair relaxers and hair pieces - warning labels - deceptive trade practice - short title - rules - definitions.

PART 5

HAZARDOUS SUBSTANCES

25-5-501. Short title.

25-5-502. Definitions.

25-5-503. Prohibited acts.

25-5-504. Penalties.

25-5-505. Injunction proceedings.

25-5-506. Embargo and seizure.

25-5-507. Duties of district attorney.

25-5-508. Regulations.

25-5-509. Examinations - investigations.

25-5-510. Records of shipment.

25-5-511. Publicity.

25-5-512. Exception - discretion as to reporting.

PART 6

SALE OF EYEGLASSES AND SUNGLASSES

25-5-601 to

25-5-604. (Repealed)

PART 7

PASSENGER TRAMWAY SAFETY

25-5-701 to

25-5-721. (Repealed)

PART 8

SWIMMING AREAS

25-5-801. Definitions.

25-5-802. Submission of plans and specifications.

25-5-803. Sanitation of swimming areas.

25-5-804. Safety standards for swimming areas.

25-5-805. Connection with potable water.

25-5-806. Inspection.

25-5-807. Injunctive relief.

25-5-808. Municipalities may regulate.

25-5-809. Applicability of part 8.

25-5-810. Rules and regulations.

PART 9

DANGEROUS DRUGS - THERAPEUTIC USE

25-5-901 to

25-5-907. (Repealed)

PART 10

ARTIFICIAL TANNING DEVICES

25-5-1001. Short title.

25-5-1002. Legislative declaration.

25-5-1003. Definitions.

25-5-1004. Registration required - fee - artificial tanning device education fund - creation.

25-5-1005. Exemptions.

25-5-1006. Rule-making authority - board.

25-5-1007. Owner responsibilities.

25-5-1008. Complaints - investigation.

25-5-1009. Penalties.

25-5-1010. Enforcement.

25-5-1011. Assumption of risk inapplicable.

PART 11

PREVENTION, INTERVENTION, AND REDUCTION OF LEAD EXPOSURE

25-5-1101. Legislative declaration.

25-5-1102. Definitions.

25-5-1103. Lead hazard reduction program.

25-5-1104. Comprehensive plan.

25-5-1105. Report. (Repealed)

25-5-1106. Acceptance of gifts, grants, and donations - lead hazard reduction cash fund.

PART 12

PERSONAL CARE PRODUCTS CONTAINING MICROBEADS

25-5-1201. Preemption.

25-5-1202. Definitions.

25-5-1203. Personal care products containing microbeads - production, manufacture, and sale prohibited.

25-5-1204. Penalty for violation.

PART 13

FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT

25-5-1301. Short title.

25-5-1302. Definitions.

25-5-1303. Restriction on sale of certain firefighting foams - exemptions.

25-5-1303.5. Restriction on use of certain firefighting foams - rules.

25-5-1304. Notification requirement.

25-5-1305. Notice of chemicals in personal protective equipment.

25-5-1306. Certificate of compliance.

25-5-1307. Civil penalty.

25-5-1308. Survey.

25-5-1309. Restriction on the use of certain firefighting foam at certain airports - definitions.

25-5-1310. Perfluoroalkyl and polyfluoroalkyl substances grant program.

25-5-1311. Perfluoroalkyl and polyfluoroalkyl substances take-back program.

25-5-1312. Reporting requirement.

PART 14

CLEAN LIGHTING

25-5-1401. Short title.

25-5-1402. Legislative declaration.

25-5-1403. Definitions.

25-5-1404. Scope and applicability.

25-5-1405. Prohibited lamps.

25-5-1406. Enforcement - verifications of compliance - civil action by attorney general - penalties.

PART 15

REGULATION OF SODIUM NITRITE

25-5-1501. Definitions.

25-5-1502. Sodium nitrite - restriction of sale - label requirements.

25-5-1503. Sale or transfer of covered products to commercial businesses.

25-5-1504. Label requirements.

25-5-1505. Records.

25-5-1506. Violations - penalties.

PART 16

LABELING OF GAS-FUELED STOVES

25-5-1601. Definitions.

25-5-1602. Labeling requirements - public information on the department's website.

25-5-1603. Enforcement - deceptive trade practice.

PART 1

PROPHYLACTICS

25-5-101 to 25-5-112. (Repealed)

Source: L. 83: Entire part repealed, p. 1057, § 1, effective July 1.

Editor's note: This part 1 was numbered as article 10 of chapter 66, C.R.S. 1963. For amendments to this part 1 prior to its repeal in 1983, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

PART 2

ENRICHMENT OF FLOUR AND BREAD