C.R.S. Section 25-4-412
Public safety

  • public health procedures
  • orders for compliance
  • petitions
  • hearings

(1)

An order or restrictive measure directed to a person with a sexually transmitted infection must only be used as the last resort when other measures to protect the public health have failed, including all reasonable efforts, which must be documented, to obtain the voluntary cooperation of the person who may be subject to the order or restrictive measure. The order or restrictive measure must be applied serially with the least intrusive measures used first. The state department or local public health agency has the burden of proof to show that specified grounds exist for the issuance of the order or restrictive measure and that the terms and conditions imposed are no more restrictive than necessary to protect the public health.

(2)

When the executive director or the local director, within his or her respective jurisdiction, knows or has reason to believe, because of evidence-based, medical, or epidemiological information, that a person has a sexually transmitted infection and poses a credible risk to the public health, he or she may issue an order to:

(a)

Require the person to be examined and tested to determine whether he or she has acquired a sexually transmitted infection;

(b)

Require him or her to report to a qualified health-care provider for counseling regarding sexually transmitted infections, information on treatment, and how to avoid transmitting sexually transmitted infections to others; or

(c)

Direct a person with a sexually transmitted infection to cease and desist from specific conduct that poses risks to the public health, but only if the executive director or local director has determined that clear and convincing evidence exists to believe that such person has been ordered to report for counseling or has received counseling by a qualified health-care provider and continues to demonstrate behavior that poses an evidence-based risk to the public health.

(3)

Intentionally left blank —Ed.

(a)

If a person violates a cease-and-desist order issued pursuant to paragraph (c) of subsection (2) of this section and it is shown that the person poses an evidence-based risk to the public health, the executive director or the local director may enforce the cease-and-desist order by imposing such restrictions upon the person as are necessary to prevent the specific conduct that risks the public health. Restrictions may include required participation in evaluative, therapeutic, and counseling programs.

(b)

Any restriction must be in writing, setting forth the name of the person to be restricted; the initial period of time that the restrictive order is effective, not to exceed three months; the terms of the restrictions; and any other conditions necessary to protect the public health. Restrictions must be imposed in the least restrictive manner necessary to protect the public health.

(c)

The executive director or local director who issues an order pursuant to this subsection (3) shall review petitions for reconsideration from the person affected by the order. Restriction orders issued by local directors shall be submitted for review and approval by the executive director.
(4)(a)(I) Upon the issuance of an order by the state department or a local public health agency pursuant to subsection (2) or (3) of this section, the state department or local public health agency shall give notice promptly, personally, and confidentially to the person who is the subject of the order. The notice must state the grounds and provisions of the order and notify the person who is the subject of the order that he or she has the right to refuse to comply with the order, that he or she has the right to be present at a judicial hearing in the district court to review the order, and that he or she may have an attorney appear on his or her behalf at the hearing. If a respondent to any such action cannot afford an attorney, one shall be appointed for him or her at the commencement of the court process.

(II)

If the person who is the subject of the order refuses to comply with the order and refuses to voluntarily cooperate with the executive director or local director, the executive director or local director may petition the district court for an order of compliance with the order. The executive director or local director shall request that the county or city and county attorney, or district public health agency, file such petition in the district court. However, if the county or city and county attorney, or district public health agency, refuses to act, the executive director may file such petition and be represented by the attorney general.

(III)

If an order of compliance is requested, the court shall hear the matter within fourteen days following the request. Notice of the place, date, and time of the hearing must be by personal service or, if the person who is the subject of the order is not available, mailed by prepaid certified mail, return receipt requested, at the person’s last-known address. Proof of mailing by the state department or local public health agency is sufficient notice under this section. The state department or local public health agency has the burden of proof to show by clear and convincing evidence that the specified grounds exist for the issuance of the order, the need for compliance, and the terms and conditions imposed in the order are no more restrictive than necessary to protect the public health.

(IV)

An officer or employee of the state department or a local public health agency must not be examined in any judicial, legislative, executive, or other proceedings as to the existence or content of any individual’s report, other than the respondent in a proceeding authorized by this section, made by such department or agency pursuant to this part 4; the existence of the content of the reports received pursuant to section 25-4-405; or the result of an investigation conducted pursuant to section 25-4-408.

(V)

Upon the conclusion of the hearing, the court shall issue appropriate orders affirming, modifying, or dismissing the original order.

(b)

If the executive director or local director does not petition the district court for an order of compliance within thirty days after the person who is the subject of the order refuses to comply, the person may petition the district court for dismissal of the order. If the district court dismisses the order, the fact that the order was issued must be expunged from the records of the state department or the local public health agency.

(5)

Any hearing conducted pursuant to this section must be closed and confidential, and any transcripts or records related to the hearing are also confidential.

Source: Section 25-4-412 — Public safety - public health procedures - orders for compliance - petitions - hearings, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑4‑101
Premises sanitation - food defined 25‑4‑102
Sanitary regulations 25‑4‑103
Construction requirements 25‑4‑104
Protection from dirt 25‑4‑105
Toilet rooms and lavatories 25‑4‑106
Nuisances - petty offense 25‑4‑107
Rooms not used for sleeping 25‑4‑108
Work by persons with contagious diseases - forbidden 25‑4‑109
Enforcement 25‑4‑110
Prosecutions - disposition of fines 25‑4‑111
Penalty 25‑4‑112
Rules 25‑4‑201
Pregnant woman to take blood test 25‑4‑203
Birth certificate - blood test 25‑4‑204
Penalty 25‑4‑205
District attorneys to prosecute 25‑4‑301
Inflammation of eyes 25‑4‑401
Legislative declaration 25‑4‑402
Definitions 25‑4‑403
Eligibility - nondiscrimination 25‑4‑404
Rules 25‑4‑405
Reporting requirements - immunity 25‑4‑406
Reports - confidentiality 25‑4‑407
Reporting requirements - research exemption 25‑4‑408
Infection control - duties 25‑4‑409
Minors - treatment - consent 25‑4‑410
Patient consent - rights of patients, victims, and pregnant women 25‑4‑411
Confidential counseling and testing sites - legislative declaration 25‑4‑412
Public safety - public health procedures - orders for compliance - petitions - hearings 25‑4‑413
Emergency public health procedures - injunctions 25‑4‑414
Penalties 25‑4‑500.3
Definitions 25‑4‑501
Tuberculosis declared to be an infectious and communicable disease 25‑4‑502
Tuberculosis to be reported 25‑4‑506
Investigation and examination of suspected or known tuberculosis cases 25‑4‑507
Isolation order - enforcement - court review 25‑4‑508
Inspection of records 25‑4‑509
Violations - penalty 25‑4‑510
Jurisdiction 25‑4‑511
Duties of board of health and department - confidentiality of records - rules 25‑4‑512
Nondiscrimination in the provision of general services 25‑4‑513
Funding 25‑4‑601
Definitions 25‑4‑602
Notice to health department or officer if animal affected or suspected of being affected by rabies 25‑4‑603
Report of person bitten by animal to health department or health officer 25‑4‑604
Animal attacking or biting person to be confined - examination 25‑4‑605
Animals bitten by animals known or suspected of having rabies to be confined 25‑4‑606
Animals to be confined to prevent spread of rabies 25‑4‑607
Order of board of health requiring inoculation of animals - veterinarian waiver of order 25‑4‑608
Notice of order requiring inoculation of animals 25‑4‑609
Effect of order requiring inoculation of animals 25‑4‑610
Uninoculated animals not to run at large - impounding and disposition of animals 25‑4‑611
Report to state department 25‑4‑612
Enforcement of part 6 25‑4‑613
Liability for accident or subsequent disease from inoculation 25‑4‑614
Penalties 25‑4‑615
Further municipal restrictions not prohibited 25‑4‑701
Definitions 25‑4‑702
Board to establish rules - department to administer 25‑4‑709
Quarantine 25‑4‑710
Right of entry - inspections 25‑4‑712
Unlawful acts 25‑4‑713
Penalty for violations 25‑4‑901
Definitions 25‑4‑902
Immunization prior to attending school - standardized immunization information 25‑4‑902.5
Immunization prior to attending a college or university - tuberculosis screening process development 25‑4‑903
Exemptions from immunization - rules 25‑4‑904
Rules - immunization rules - rule-making authority of state board of health 25‑4‑904.5
Annual alignment evaluation 25‑4‑905
Immunization of indigent children 25‑4‑906
Certificate of immunization - forms 25‑4‑907
Noncompliance 25‑4‑908
When exemption from immunization not recognized 25‑4‑909
Vaccine-related injury or death - limitations on liability 25‑4‑910
Immunization data collection 25‑4‑911
Vaccinated children standard - legislative declaration 25‑4‑912
Confidentiality 25‑4‑1001
Short title 25‑4‑1002
Legislative declaration 25‑4‑1002.5
Definitions 25‑4‑1003
Powers and duties of executive director - newborn screening programs - genetic counseling and education programs - rules 25‑4‑1004
Newborn screening - rules 25‑4‑1004.3
Newborn heart defect screening - pulse oximetry - rules - definition 25‑4‑1004.5
Follow-up testing and treatment - second screening - fee - rules 25‑4‑1004.7
Newborn hearing screening - advisory committee - report - rules 25‑4‑1005
Exceptions 25‑4‑1006
Cash funds 25‑4‑1201
Powers and duties of executive director 25‑4‑1202
Streptococcus cash fund 25‑4‑1301
Legislative declaration 25‑4‑1302
Definitions 25‑4‑1303
Labeling - product modules - take-home containers 25‑4‑1304
Bulk food protection 25‑4‑1305
Bulk food display 25‑4‑1306
Dispensing utensils 25‑4‑1307
Materials 25‑4‑1308
Food-contact surfaces 25‑4‑1309
Non-food-contact surfaces 25‑4‑1310
Accessibility 25‑4‑1311
Equipment sanitization 25‑4‑1312
Violation - penalty 25‑4‑1313
Rules and regulations 25‑4‑1314
Limitation 25‑4‑1401
Drug assistance program - program fund - HIV medications rebate fund - created - legislative declaration - no entitlement created 25‑4‑1402
Definitions 25‑4‑1403
Colorado HIV and AIDS prevention grant program 25‑4‑1404
Grant program - rules - conflict of interest 25‑4‑1405
AIDS and HIV prevention fund - administration - limitation 25‑4‑1501
Legislative declaration 25‑4‑1502
Definitions 25‑4‑1503
Fund created 25‑4‑1504
Allocation of fund 25‑4‑1505
Powers and duties of department and advisory board 25‑4‑1601
Legislative declaration 25‑4‑1602
Definitions 25‑4‑1603
Licensing, certification, and food protection agency 25‑4‑1604
Powers and duties of department - rules 25‑4‑1605
Submission of plans for approval - required 25‑4‑1606
Licensure - exception 25‑4‑1607
Fees 25‑4‑1607.5
Retail food establishment regulation - fees - investigations - stakeholder process 25‑4‑1607.7
Health inspection results - development of a uniform system - communication to the public 25‑4‑1607.9
Department targets - audits - reporting 25‑4‑1608
Food protection cash fund - creation 25‑4‑1609.5
Grievance process 25‑4‑1610
Unlawful acts 25‑4‑1611.5
Violations - penalties - review 25‑4‑1612
Judicial review 25‑4‑1614
Home kitchens - exemption - food inspection - short title - definitions - rules 25‑4‑1615
Pet dogs in retail food establishments - prohibited - exceptions 25‑4‑1616
Food donations to nonprofit organizations encouraged 25‑4‑1617
Animal shares and meat sales by farmers and ranchers - short title - definitions 25‑4‑1701
Short title 25‑4‑1702
Legislative declaration 25‑4‑1703
Definitions 25‑4‑1704
Infant immunization program - delegation of authority to immunize minor 25‑4‑1705
Department of public health and environment - powers and duties - rules 25‑4‑1706
Infant immunization program - eligibility 25‑4‑1707
Moneys targeted for medical assistance for infants - reimbursement 25‑4‑1708
Fund created 25‑4‑1709
Limitations on liability 25‑4‑1801
Short title 25‑4‑1802
Legislative declaration 25‑4‑1803
Definitions 25‑4‑1804
Department designated as certifying and inspecting agency 25‑4‑1805
Powers and duties of department - rules 25‑4‑1806
Shellfish dealers - certificate required - application - fees 25‑4‑1807
Record-keeping requirements 25‑4‑1808
Unlawful acts 25‑4‑1809
Inspections - investigations - access - subpoena 25‑4‑1810
Enforcement 25‑4‑1811
Disciplinary actions - denial of certification 25‑4‑1812
Civil penalties 25‑4‑1813
Criminal penalties 25‑4‑1901
Short title 25‑4‑1902
Definitions 25‑4‑1903
Gulf war syndrome registry - creation - reporting 25‑4‑1905
Confidentiality of information collected 25‑4‑1906
Gulf war syndrome registry fund 25‑4‑2001
Short title 25‑4‑2002
Legislative declaration 25‑4‑2003
Definitions 25‑4‑2004
Powers and duties of executive director - hepatitis C program 25‑4‑2005
Hepatitis C testing - recommendations - definitions 25‑4‑2101
Powers and duties of department - rules 25‑4‑2102
Penalties for violations 25‑4‑2103
Parental consent for minors 25‑4‑2201
Legislative declaration 25‑4‑2202
Definitions 25‑4‑2203
Health disparities and community grant program - rules 25‑4‑2204
Office of health equity - creation 25‑4‑2205
Powers and duties of the office of health equity - rules - working group 25‑4‑2206
Health equity commission - creation - repeal 25‑4‑2208
Necessary document program - report - definition 25‑4‑2209
Culturally relevant and affirming health-care training - health-care providers - grants - definitions 25‑4‑2301
Colorado immunization fund - supplemental tobacco litigation settlement moneys account - creation 25‑4‑2401
Short title 25‑4‑2402
Legislative declaration 25‑4‑2403
Department of public health and environment - powers and duties - immunization tracking system - rules - definitions 25‑4‑2404
Vaccines - access to the public - definitions 25‑4‑2501
Short title 25‑4‑2502
Definitions 25‑4‑2503
Cervical cancer immunization program - rules 25‑4‑2504
Public awareness campaign - fund
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Current through Fall 2024

§ 25-4-412’s source at colorado​.gov