Important Information on Emotional Support Animal Recommendations
A bonafide provider-patient relationship should exist between a licensed healthcare professional and an individual seeking an emotional support animal (ESA) for therapeutic benefit prior to the issuance of a recommendation letter in Colorado. This bonafide provider-patient relationship is defined in the mental health, medical and nursing practice acts.
Healthcare professionals must first establish whether a disability exists and if found, determine whether there is sufficient information for a recommednation for an ESA to provide a therapeutic benefit for that disability. In order to make such determinations, licensees must be both sufficiently familiar with the patient and the patient’s disability; and legally and professionally qualified to make this determination.
Nursing and mental health law (Section 12-255-133(3)(a) and 12-245-229(3)(a) Colorado Revised Statutes) further clarifies that “a licensee shall not make a determination … unless the licensee has met with the patient in person.” Registered nurses are permitted to issue ESA recommendations but must be under the direct supervision of a licensed physician.
Physicians shouldn’t make a determination unless having “met with the person or by telemedicine,” according to 12-240-144(3)(a), C.R.S.
Healthcare practitioners under the purview of Division of Professions and Occupations must follow all applicable laws for those seeking an assistance animal.
An ESA is an animal that provides a therapeutic benefit, such as emotional support, comfort, or companionship, to a person with a mental health or psychiatric disability. An ESA is not considered a Service Animal and ESA users don’t receive the same accommodations as service dog users.
ESAs don’t perform specific tasks related to the person’s disability, instead, it is the presence of the animal that relieves the symptoms associated with the serious mental health condition. This condition is documented by a properly formatted prescription letter.
Colorado Prescription Drug Monitoring Program Legislative Update and Training Webinar Recording and Summary/FAQ Document Now Available
In August and September 2022, the Colorado Prescription Drug Monitoring Program (PDMP) hosted three webinars concerning several statutory updates to the Colorado PDMP as well as training and resources regarding registration and use of the Colorado PDMP. A recording of the August 23rd webinar, copy of the presentation slides, and a Summary and Frequently Asked Questions (FAQ) document are now available at dpo.colorado.gov/PDMP/Training.
HB22-1298 - Fee Relief Nurses, Nurse Aides and Psychiatric Techicians
Confidential Agreements
Confidential Agreements Webinar Recording
New Disclosure Required
On May 14, 2019, Governor Jared Polis signed House Bill 19-1174 Out of Network Healthcare Services. The bill includes provisions for how health insurance carriers will reimburse providers (doctors, hospitals, and other health care providers) for out-of-network emergency and non-emergency care. The new law went into effect on January 1, 2020, and also requires healthcare providers to develop and provide consumer disclosures about the potential effects of receiving emergency or non-emergency services from an out-of-network provider, and the possibility of “surprise billing.” As part of the implementation of House Bill 19-1174 Out-of-network Surprise Billing, the Division of Professions and Occupations is providing a sample disclosure form. Please feel free to use your own form if you prefer.
Revised Opioid Guidelines Adopted
On March 14, 2019, the revised Guidelines for Prescribing and Dispensing Opioidswere adopted by all six of Colorado's prescribing and dispensing Boards: the Colorado Dental Board, the Colorado Medical Board, the State Board of Nursing, the State Board of Optometry, the Colorado Podiatry Board, and the State Board of Pharmacy, and endorsed by the State Board of Veterinary Medicine.