Prevention of Substance Use Disorders

The act:

• Exempts veterinarians from complying with specific aspects of the prescription drug use monitoring program (program) that are specific to prescriptions for human patients;
• Allows the medical director of a medical practice or hospital, including a nurse medical director, to appoint designees to query the program on behalf of a practitioner in the medical practice or hospital setting;
• Allows the department of health care policy and financing (department) to access the program, consistent with federal data privacy requirements, for purposes of care coordination, utilization review, and federally required reporting relating to recipients of certain benefits; and
• Updates current language in the laws relating to the program by using more modern terminology.

A county or district public health agency may establish a multidisciplinary and multiagency overdose fatality review team (local team). The act prescribes membership requirements, purposes, and duties for local teams, including a duty to report annually to the county or district public health agency served by the local team. The act requires certain entities, upon receiving a written request of the chair of a local team, to provide the local team with information and records regarding a person whose death or near death is being reviewed by the local team. Unless the chair of the local team grants an extension of time, the entity must provide the local team the requested information and records within 10 business days after receipt of the request. A person or entity that receives a records request from a local team may charge the local team a reasonable fee for the service of duplicating any records requested.

A person or entity, including a local or state agency, that provides information or records to a local team is not subject to civil or criminal liability or any professional disciplinary action pursuant to state law as a result of providing the information or record.

Upon request of a local team, a person who is not a member of a local team may attend and participate in a meeting at which a local team reviews confidential information and considers a plan, an intervention, or other course of conduct based on that review. The act requires each person at a local team meeting to sign a confidentiality form before reviewing information and records received by the local team. Local team meetings in which confidential information is discussed are exempt from the open meetings provisions of the "Colorado Sunshine Act of 1972".

A local team shall maintain the confidentiality of information provided to the local team as required by state and federal law, and information and records acquired or created by a local team are not subject to inspection pursuant to the "Colorado Open Records Act". Local team members and a person who presents or provides information to a local team may not be questioned in any civil or criminal proceeding or disciplinary action regarding the information presented or provided. Law enforcement may not use information from any overdose fatality review for any law enforcement purpose.

The department is required to publish guidance for providers concerning reimbursement for all variations of screening, brief intervention, and referral to treatment interventions.

The act requires the existing substance use screening, brief intervention, and referral to treatment grant program in the department to require implementation of:

• A statewide adolescent substance use screening, brief intervention, and referral practice that includes training and technical assistance for appropriate professionals in Colorado schools, with the purpose of identifying students who would benefit from screening, brief intervention, and potential referral to resources, including treatment; and
• A statewide substance use screening, brief intervention, and referral practice that includes training and technical assistance for pediatricians and professionals in pediatric settings, with the purpose of identifying adolescent patients who would benefit from screening, brief intervention, and potential referral to resources, including treatment.

Current law authorizes the center for research into substance use disorder prevention, treatment, and recovery support strategies (center) to conduct a statewide perinatal substance use data linkage project (data linkage project) that uses ongoing collection, analysis, interpretation, and dissemination of data for the planning, implementation, and evaluation of public health actions to improve outcomes for families impacted by substance use during pregnancy. The act:

• Requires the center to conduct the data linkage project;
• Requires the data linkage project to utilize data from additional state and federal programs; and
• Expands the data linkage project to examine the education of pregnant and postpartum women with substance use disorders.

For the 2024-25 state fiscal year, the act appropriates:

• $75,000 from the general fund to the executive director of the department for general professional services and special projects; this appropriation is based on the assumption that the department will receive $75,000 in federal funds for these services; and
• $250,000 from the general fund to the department of higher education for use by the Colorado commission on higher education and higher education special purpose programs.

APPROVED by Governor June 6, 2024

EFFECTIVE June 6, 2024
(Note: This summary applies to this bill as enacted.)