Colorado § 26-1-302 - Colorado brain injury trust fund board - creation - powers and duties - reimbursement for expenses.

§ 26-1-302. Colorado brain injury trust fund board - creation - powers and duties - reimbursement for expenses.

(1) There is created the Colorado brain injury trust fund board in the state department of human services. The brain injury trust fund board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(2) The board shall be composed of:

(a) The executive director of the state department of human services or the executive director's designee;

(b) The president of a state brain injury association or alliance or the president's designee, who shall be appointed by the executive director of the state department of human services;

(c) The executive director of the department of public health and environment or the executive director's designee;

(c.5) At least two persons who have experienced a brain injury and at least one family member of a person with a brain injury, which members the governor shall appoint with the consent of the senate; and

(d) No more than seven additional persons with an interest and expertise in the area of brain injury whom the governor shall appoint with the consent of the senate. At a minimum, of the additional seven board members, at least two members must have specific personal or professional experience with traumatic brain injury. The additional board members may include but need not be limited to any combination of the following professions or associations experienced with brain injury:

(I) Physicians with experience and strong interest in the provision of care to persons with brain injuries, including but not limited to neurologists, neuropsychiatrists, physiatrists, or other medical doctors who have direct experience working with persons with brain injuries;

(II) Social workers, nurses, neuropsychologists, or clinical psychologists who have experience working with persons with brain injuries;

(III) Rehabilitation specialists, such as speech pathologists, vocational rehabilitation counselors, occupational therapists, or physical therapists, who have experience working with persons with brain injuries;

(IV) Clinical research scientists who have experience evaluating persons with brain injuries;

(V) Civilian or military persons with brain injuries or family members of such persons with brain injuries;

(VI) Persons whose expertise involves work with children with brain injuries; or

(VII) Persons who have experience and specific interest in the needs of and services for persons with brain injuries.

(3) Board members may be reimbursed for all reasonable expenses related to the members' work for the board.

(4) The terms of appointed board members shall be three years.

(5) No member may serve more than two consecutive terms.

(6) The appointed members of the board shall, to the extent possible, represent rural and urban areas of the state.

(7) The board shall annually elect, by majority vote, a chairperson from among the board members who shall act as the presiding officer of the board.

(8) (a) The board shall promulgate reasonable policies and procedures pertaining to the operation of the trust fund.

(b) The board may contract with entities to provide all or part of the services described in this part 3 for persons with brain injuries.

(c) The board may accept and expend gifts, grants, and donations for operation of the program.

(d) The board shall use trust fund money collected pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e) to provide direct services to persons with brain injuries, and support research and education to increase awareness and understanding of issues and needs related to brain injury.

(8.5) The board may monitor, and, if necessary, implement criteria to ensure that there are no abuses in expenditures, including but not limited to reasonable and equitable provider's fees and services.

(9) Articles 4, 5, and 6 of title 25.5, C.R.S., shall not apply to the promulgation of any policies or procedures authorized by subsection (8) of this section.

Source: L. 2002: Entire section added, p. 1605, § 1, effective January 1, 2003. L. 2006: (9) amended, p. 2016, § 95, effective July 1. L. 2009: (1), (2), and (8) amended, (SB 09-005), ch. 135, p. 587, § 2, effective April 20. L. 2010: (8)(d) amended, (HB 10-1347), ch. 258, p. 1159, § 7, effective July 1. L. 2019: (1), (2)(b), (2)(c), (2)(d), (4), (8)(b), and (8)(d) amended and (2)(c.5) and (8.5) added, (HB 19-1147), ch. 178, p. 2029, § 2, effective August 2. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3377, § 69, effective August 10. L. 2023: (3) amended, (HB 23-210), ch. 251, p. 1430, § 7, effective May 24.

Editor's note: This section was enacted as 26-1-203 in House Bill 02-1281 but was renumbered on revision for ease of location.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.