C.R.S. Section 25-1.5-114
Freestanding emergency departments

  • licensure
  • requirements
  • rules
  • definitions

(1)

On or after December 1, 2021, a person that wishes to operate a freestanding emergency department must submit to the department on an annual basis a completed application for licensure as a freestanding emergency department. On or after July 1, 2022, a person shall not operate a freestanding emergency department that is required to be licensed pursuant to this section without a license issued by the department.

(2)

The department may grant a waiver of the licensure requirements set forth in this section and in rules adopted by the board for either a licensed community clinic or community clinic seeking licensure that is serving an underserved population in the state.

(3)

Intentionally left blank —Ed.

(a)

The board shall adopt rules establishing the requirements for licensure of, waiver from the requirement for licensure of, safety and care standards for, and fees for licensing and inspecting freestanding emergency departments. The board must set the fees in accordance with section 25-3-105.

(b)

The rules adopted by the board shall include a requirement that each individual seeking treatment at the freestanding emergency department receive a medical screening examination and a prohibition against delaying a medical screening examination in order to inquire about the individual’s ability to pay or insurance status.

(c)

The rules adopted by the board must take effect by July 1, 2021, and thereafter the board shall amend the rules as necessary.

(4)

A freestanding emergency department licensed pursuant to this section is subject to the requirements in section 25-3-119.

(5)

As used in this section:

(a)

“Board” means the state board of health created in section 25-1-103.

(b)

Intentionally left blank —Ed.

(I)

“Freestanding emergency department” means a health facility that offers emergency care, that may offer primary and urgent care services, and that is either:

(A)

Owned or operated by, or affiliated with, a hospital or hospital system and located more than two hundred fifty yards from the main campus of the hospital; or

(B)

Independent from and not operated by or affiliated with a hospital or hospital system and not attached to or situated within two hundred fifty yards of, or contained within, a hospital.

(II)

“Freestanding emergency department” does not include a health facility described in subsection (5)(b)(I) of this section that was licensed by the department pursuant to section 25-1.5-103 as a community clinic prior to July 1, 2010, if the facility is serving a rural community or a ski area, as defined in board rules.

Source: Section 25-1.5-114 — Freestanding emergency departments - licensure - requirements - rules - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑1.5‑101
Powers and duties of department - laboratory cash fund - office of suicide prevention - suicide prevention coordination cash fund - report - dispensation of payments under contracts with grantees - definitions 25‑1.5‑102
Epidemic and communicable diseases - powers and duties of department - rules - definitions 25‑1.5‑103
Health facilities - powers and duties of department - rules - limitations on rules - definitions - repeal 25‑1.5‑104
Regulation of standards relating to food - powers and duties of department 25‑1.5‑105
Detection of diseases - powers and duties of department 25‑1.5‑106
Medical marijuana program - powers and duties of state health agency - rules - medical review board - medical marijuana program cash fund - subaccount - created - “Ethan’s Law” - definitions - repeal 25‑1.5‑106.5
Medical marijuana health research grant program 25‑1.5‑107
Pandemic influenza - purchase of antiviral therapy - definitions 25‑1.5‑108
Regulation of dialysis treatment clinics - training for hemodialysis technicians - state board of health rules - definitions - repeal 25‑1.5‑109
Food allergies and anaphylaxis form for schools - powers and duties of department 25‑1.5‑110
Monitor health effects of marijuana - report 25‑1.5‑111
Suicide prevention commission - created - responsibilities - gifts, grants, or donations - reimbursement for expenses - definition - repeal 25‑1.5‑112
Colorado suicide prevention plan - established - goals - responsibilities - funding - definition 25‑1.5‑113
Crisis and suicide prevention training grant program - creation - process - reporting requirements - fund - definitions 25‑1.5‑114
Freestanding emergency departments - licensure - requirements - rules - definitions 25‑1.5‑115
Opiate antagonist bulk purchase fund - creation - rules - report - appropriation - definition - repeal 25‑1.5‑115.3
Non-laboratory synthetic opiate detection tests - appropriation - definitions - repeal 25‑1.5‑115.5
Fentanyl prevention and education campaign - website 25‑1.5‑116
Costs associated with living organ donation - definitions 25‑1.5‑117
Hospitals - standardized health benefit plan - participation - penalties 25‑1.5‑118
Training for staff providing direct-care services to residents with dementia - rules - definitions 25‑1.5‑120
Natural medicine testing and standards - rules 25‑1.5‑201
Definitions 25‑1.5‑202
Water - minimum general sanitary standards 25‑1.5‑203
Water - powers and duties of department - rules 25‑1.5‑204
Inspection for violations of minimum general sanitary standards relating to quality of drinking water 25‑1.5‑205
Advice to other entities 25‑1.5‑206
Applicability 25‑1.5‑207
Damages and injunctive relief to prevent or abate release of contaminants in water 25‑1.5‑208
Grant program for public water systems and domestic wastewater treatment works - small communities water and wastewater grant fund - rules 25‑1.5‑209
Drinking water fee - drinking water cash fund - repeal 25‑1.5‑210
Best practices for residential rooftop precipitation collection 25‑1.5‑301
Definitions 25‑1.5‑302
Administration of medications - powers and duties of department - record checks - rules 25‑1.5‑303
Medication reminder boxes or systems - medication cash fund 25‑1.5‑401
Legislative declaration 25‑1.5‑402
Definitions 25‑1.5‑403
Primary care office - creation 25‑1.5‑404
Primary care office - powers and duties - rules 25‑1.5‑405
Visa waiver program fund 25‑1.5‑406
School nurse grant program - creation - eligibility - award of grants - rules - report - legislative declaration - definitions 25‑1.5‑407
Practice-based health education grant program - creation - primary care office to administer 25‑1.5‑501
Legislative declaration 25‑1.5‑502
Definitions 25‑1.5‑503
Colorado health service corps - program - creation - conditions 25‑1.5‑503.5
Scholarship program for addiction counselors - creation - eligibility - conditions 25‑1.5‑504
Colorado health service corps advisory council - creation - membership - duties 25‑1.5‑505
Advisory council - report 25‑1.5‑506
Colorado health service corps fund - created - acceptance of grants and donations - annual appropriation from marijuana tax cash fund - repeal 25‑1.5‑601
Short title 25‑1.5‑602
Definitions 25‑1.5‑603
Applicability to volunteer health practitioners 25‑1.5‑604
Regulation of services during emergency 25‑1.5‑605
Volunteer health practitioner registration systems 25‑1.5‑606
Recognition of volunteer health practitioners licensed in other states 25‑1.5‑607
No effect on credentialing and privileging 25‑1.5‑608
Provision of volunteer health or veterinary services - administrative sanctions 25‑1.5‑609
Relation to other laws 25‑1.5‑610
Rules 25‑1.5‑611
Civil liability for volunteer health practitioners - vicarious liability 25‑1.5‑612
Workers’ compensation coverage 25‑1.5‑613
Uniformity of application and construction 25‑1.5‑701
Health survey for birthing parents
Green check means up to date. Up to date

Current through Fall 2024

§ 25-1.5-114’s source at colorado​.gov