HB 1335

HOUSE BILL 26-1335
BY REPRESENTATIVE(S) Garcia and Nguyen, Bacon, Boesenecker,
Brown, Camacho, Carter, Clifford, Duran, English, Espenoza, Froelich,
Goldstein, Joseph, Lieder, Lindsay, Lukens, Mabrey, Mauro, McCormick,
Paschal, Phillips, Rutinel, Sirota, Smith, Stewart K., Stewart R., Story,
Titone, Velasco, Willford, Woodrow, Zokaie;
also SENATOR(S) Wallace and Bridges, Amabile, Ball, Benavidez, Cutter,
Danielson, Gonzales J., Hinrichsen, Kipp, Kolker, Lindstedt, Marchman,
Mullica, Sullivan, Weissman, Coleman.
CONCERNING ACCESS TO ABORTION MEDICATION SERVICES ON COLORADO
     COLLEGE CAMPUSES.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
       (a) Access to reproductive health care is a fundamental right for
every individual in Colorado under the state constitution;
        (b) The state equal rights amendment, or ERA, article II, section 29
of the state constitution, establishes that "[e]quality of rights under the law
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
shall not be denied or abridged by the state of Colorado or any of its
political subdivisions on account of sex";
       (c) Gender equality is fundamental to ensure full participation in
society for all individuals, and true equality cannot be achieved without
access to reproductive health care, including abortion;
       (d) Despite the state ERA, sex discrimination in Colorado persists,
including discrimination based on sexual orientation, gender identity, and
pregnancy, resulting in inequitable access to reproductive health care,
including abortion;
       (e) Institutions of higher education serve a diverse student body,
including women, transgender men, and nonbinary individuals, all of whom
may require abortion medication services as part of their reproductive health
care;
       (f) Providing reproductive health care, including abortion
medication, is a generally accepted standard of medical practice that
promotes gender equity for students at all institutions of higher education,
including rural and underserved areas; and
       (g) It is necessary to establish requirements for institutions of higher
education that operate student health centers to ensure access to abortion
medication services consistent with that right.
      SECTION 2. In Colorado Revised Statutes, add 23-5-151 as
follows:
      23-5-151. Abortion medication access - student health centers -
data privacy - definitions.
      (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
       (a) "ABORTION MEDICATION" MEANS A PRESCRIPTION DRUG OR A
COMBINATION OF PRESCRIPTION DRUGS USED TO TERMINATE THE
PREGNANCY OF AN INDIVIDUAL KNOWN OR REASONABLY BELIEVED TO BE
PREGNANT.
PAGE 2-HOUSE BILL 26-1335
      (b) "INSTITUTION" MEANS A STATE INSTITUTION OF HIGHER
EDUCATION, AS DEFINED IN SECTION 23-18-102 (10)(a); A LOCAL DISTRICT
COLLEGE, AS DEFINED IN SECTION 23-71-102; A PRIVATE INSTITUTION OF
HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102 (9); AND A
PARTICIPATING PRIVATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN
SECTION 23-18-102 (8).
      (c) "LEGALLY PROTECTED HEALTH-CARE ACTIVITY" HAS THE
MEANING SET FORTH IN SECTION 12-30-121 (1)(d).
      (d) "OTHER OUTLET" HAS THE MEANING SET FORTH IN SECTION
12-280-103.
      (e) "PRESCRIPTION DRUG OUTLET" HAS THE MEANING SET FORTH IN
SECTION 12-280-103.
      (f) "STUDENT HEALTH CENTER" MEANS A HEALTH CLINIC OR
HEALTH-CARE FACILITY LOCATED ON AN INSTITUTION'S CAMPUS THAT
PROVIDES PRIMARY CARE SERVICES OR REPRODUCTIVE HEALTH-CARE
SERVICES TO STUDENTS ENROLLED AT THE INSTITUTION.
      (2) ON AND AFTER AUGUST 1, 2027, AN INSTITUTION THAT OPERATES
A STUDENT HEALTH CENTER SHALL PROVIDE ACCESS TO ABORTION
MEDICATION TO ALL STUDENTS ENROLLED AT THE INSTITUTION. ACCESS TO
ABORTION MEDICATION MUST BE PROVIDED IN ACCORDANCE WITH
GENERALLY ACCEPTED STANDARDS OF MEDICAL PRACTICE.
      (3) (a) IF AN INSTITUTION'S STUDENT HEALTH CENTER INCLUDES AN
ON-SITE PRESCRIPTION DRUG OUTLET OR OTHER OUTLET, THE INSTITUTION'S
ON-SITE PRESCRIPTION DRUG OUTLET OR OTHER OUTLET MUST MAINTAIN A
STOCK OF ABORTION MEDICATION AND PROVIDE ACCESS TO ABORTION
MEDICATION TO STUDENTS ENROLLED AT THE INSTITUTION AT A PHYSICAL
LOCATION ON THE INSTITUTION'S CAMPUS, WHICH MAY INCLUDE:
      (I) THE ON-SITE PRESCRIPTION DRUG OUTLET OR OTHER OUTLET;
      (II) THE STUDENT HEALTH CENTER, THROUGH A HEALTH-CARE
PROVIDER LICENSED TO DISPENSE ABORTION MEDICATION; OR
      (III) ANOTHER PHYSICAL LOCATION ON THE INSTITUTION'S CAMPUS
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WHERE STUDENTS ENROLLED AT THE INSTITUTION CUSTOMARILY ACCESS
PRESCRIPTION MEDICATIONS.
      (b) A STUDENT ENROLLED AT AN INSTITUTION MAY ELECT TO FILL A
PRESCRIPTION FOR ABORTION MEDICATION AT AN OFF-SITE PRESCRIPTION
DRUG OUTLET OR OTHER OUTLET THAT IS UNAFFILIATED WITH THE
INSTITUTION OR OTHERWISE SEEK ABORTION CARE FROM A HEALTH-CARE
PROVIDER THAT IS UNAFFILIATED WITH THE INSTITUTION.
      (c) NOTHING IN THIS SUBSECTION (3) PROHIBITS AN INSTITUTION
THAT HAS AN ON-SITE PRESCRIPTION DRUG OUTLET OR OTHER OUTLET FROM
UTILIZING TELEHEALTH SERVICES OR FROM CONTRACTING WITH AN
EXTERNAL HEALTH-CARE PROVIDER TO ENSURE STUDENT ACCESS TO
ABORTION MEDICATION.
      (4) IF AN INSTITUTION'S STUDENT HEALTH CENTER DOES NOT
INCLUDE AN ON-SITE PRESCRIPTION DRUG OUTLET OR OTHER OUTLET, THE
STUDENT HEALTH CENTER SHALL MAKE ABORTION MEDICATION AVAILABLE
TO STUDENTS ENROLLED AT THE INSTITUTION EITHER BY:
      (a) SUBMITTING A PRESCRIPTION FOR ABORTION MEDICATION TO BE
FILLED AT AN OFF-CAMPUS PRESCRIPTION DRUG OUTLET OR OTHER OUTLET;
OR
      (b) DISPENSING ABORTION MEDICATION THROUGH A PROVIDER ON
STAFF AT THE STUDENT HEALTH CENTER, IF PERMITTED BY THE STUDENT
HEALTH CENTER'S LICENSURE.
     (5) EXCEPT AS OTHERWISE REQUIRED BY FEDERAL LAW OR VALID
COURT ORDER ISSUED BY A COURT OF THIS STATE, AN INSTITUTION SHALL
NOT KNOWINGLY PROVIDE PERSONALLY IDENTIFIABLE INFORMATION
CONTAINED IN A STUDENT'S PATIENT RECORDS, BILLING RECORDS, OR
PRECISE LOCATION DATA RELATED TO A LEGALLY PROTECTED HEALTH-CARE
ACTIVITY IN RESPONSE TO A REQUEST FROM ANOTHER STATE SEEKING TO
IMPOSE LIABILITY FOR THE LEGALLY PROTECTED HEALTH-CARE ACTIVITY.
AN INSTITUTION SHALL MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION
IN COMPLIANCE WITH THE LAWS OF THIS STATE, INCLUDING LIMITATIONS ON
INFORMATION DISCLOSURE PURSUANT TO SECTION 24-116-102.
      (6) A PROFESSIONAL LIABILITY INSURER MUST NOT CANCEL, REFUSE
PAGE 4-HOUSE BILL 26-1335
TO RENEW, OR INCREASE PREMIUMS ON A POLICY COVERING AN INSTITUTION
AS A RESULT OF THE INSTITUTION'S COMPLIANCE WITH THIS SECTION.
       (7) THIS SECTION DOES NOT:
      (a) PERMIT AN INSTITUTION OR HEALTH-CARE PROVIDER TO VIOLATE
APPLICABLE FEDERAL LAW OR REGULATION, INCLUDING THE UNITED STATES
FOOD AND DRUG ADMINISTRATION'S REGULATIONS;
      (b) REQUIRE AN INDIVIDUAL OR ENTITY TO ACT IN VIOLATION OF A
VALID COURT ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION;
      (c) REQUIRE AN INSTITUTION'S STUDENT HEALTH CENTER TO PROVIDE
ACCESS TO OR STOCK ABORTION MEDICATION IF DOING SO IS CONTRARY TO
THE INSTITUTION'S SINCERELY HELD RELIGIOUS BELIEFS OR PRACTICES;
       (d) REQUIRE A HEALTH-CARE PROVIDER, INSTITUTION, OR STUDENT
HEALTH CENTER TO PROVIDE ACCESS TO OR STOCK ABORTION MEDICATION
IF DOING SO WOULD VIOLATE FEDERAL LAW OR REGULATIONS OR WOULD
JEOPARDIZE AN INSTITUTION'S FEDERAL GRANT PARTICIPATION;
      (e) REQUIRE AN INSTITUTION OR A STUDENT HEALTH CENTER TO
DEVIATE FROM GENERALLY ACCEPTED BILLING PRACTICES; OR
      (f) MODIFY THE GENERALLY ACCEPTED STANDARDS OF MEDICAL
PRACTICE IN THIS STATE OR PROHIBIT A HEALTH-CARE PROVIDER FROM
MAKING A REFERRAL TO ANOTHER HEALTH-CARE PROVIDER OR
HEALTH-CARE FACILITY WHEN, IN THE HEALTH-CARE PROVIDER'S CLINICAL
JUDGEMENT, A STUDENT'S INDIVIDUAL CIRCUMSTANCES REQUIRE THE
REFERRAL.
       SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
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the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________        ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
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