Update Regarding the Implementation of Executive Order D 2022 032

August 17, 2022

On July 6, 2022, Governor Jared Polis signed Executive Order D-2022-032 directing the
Department of Regulatory Agencies – Division of Professions and Occupations’
“Division” to assist all impacted healthcare Boards/Director with promulgating rules
that:

  1. Prohibit, unless pursuant to a court order, the production of information or data, including patient medical records, patient-level data, or related billing information, or expend time, money, facilities, property, equipment, personnel, or other resources to assist or further any investigation or proceeding initiated in or by another state that seeks to impose criminal or civil liability or professional sanction upon a person or entity for conduct that would be legal in Colorado related to providing, assisting, seeking, or obtaining reproductive health care (Please see EO D-2022-032 for delineated limitations);
  2. Allow Boards/Director within their lawful authority, to pursue opportunities and coordinate with each other to protect people and entities who are providing, assisting, seeking, or obtaining reproductive health care in Colorado; and
  3. Ensure that no person shall be subject to disciplinary action against a professional license or disqualified from professional licensure for providing or assisting in the provision of reproductive health care or as a consequence of any civil or criminal judgment, discipline, or other sanction threatened or imposed under the laws of another state so long as the care as provided is lawful and consistent with professional conduct and standards of care within the State of Colorado.

A Joint Stakeholder Meeting was held on July 22, 2022, to receive feedback from stakeholders regarding the proposed rules. On August 15, 2022, the following rules were adopted on an emergency basis and took effect the same day:

Draft rules will be presented to all of the other Boards during the next regularly scheduled Board meetings for review and consideration. Please visit your Board's website under the "Public Notices" tab to review when your Board will consider adopting these rules on an emergency and permanent basis in compliance with Executive Order D 2022 032.

If you would like to provide feedback regarding these rules, please send your written comments to [email protected]. These comments will be shared with the Director of the Division of Professions and Occupations, your regulatory Board, and other interested stakeholders.