Department of Regulatory Agencies
(DORA)
Departmental Regulatory Agenda
November 1, 2013
Barbara J. Kelley
Executive Director
John W. Hickenlooper
Governor
November 1, 2013
Members of the Colorado General Assembly
c/o the Staff of the Legislative Council
State Capitol Building
200 East Colfax
Denver, Colorado 80203
Dear Members of the General Assembly:
This Departmental Regulatory Agenda is submitted on behalf of the Department of
Regulatory Agencies (DORA) in compliance with Section 2-7-203, Colorado Revised
Statutes, as amended by HB 12-1008, which states in part, and requires for the 2014
calendar year:
A list of new rules or revisions to existing rules that the Department expects to
propose in the next calendar year;
The Statutory or other basis for adoption of the proposed rules;
The purpose of the proposed rules; and
The contemplated schedule for adoption of the rules; and
An identification and listing of persons or parties that may be affected positively or
negatively by the rules.
All DORA Divisions have carefully assessed their available resources and what can
reasonably be accomplished during this twelve (12) month period. Given the discrete
statutory mandates and functions of the various divisions within DORA, the Departmental
Regulatory Agenda is presented according to Division. The Agenda lists regulations that are
expected to be under development or considered for revision during the calendar year
2014, and provides a brief description of each rule, its purpose and legal basis, as well as
an approximate schedule, in compliance with all aforementioned requirements of HB 12-
1008. In preparing this information, DORA notes that while “Consumers” are not specifically
listed as persons or parties affected positively or negatively by each individual rule listed,
the consumer population is certainly recognized as affected for all that is presented,
particularly given the Department’s mission of consumer protection.
2
Information pertaining to a specific rule can be obtained through the Public Information
Officer (PIO) for the respective Division. The PIO contact information may be obtained from
the respective Division’s website.
I am pleased to submit the Departmental Regulatory Agenda on behalf of DORA. The
Agenda will also be posted to the DORA web-site and submitted to the Secretary of State
for publication in the Colorado Register. The Department will also discuss its Regulatory
Agenda with our joint Committees of Reference during its hearing.
Sincerely,
Barbara J. Kelley
Executive Director
cc: Secretary of State’s Office
Regulatory Agenda 2014 - Banking
1
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Division of Banking
CB 101.64 - Modify Lending Limits (Emergency)
11-105-303, C.R.S.
Conform and comply with Dodd-
Frank, Section 611, requiring states
to consider derivatives exposure in
legal lending limits.
Spring 2014
State chartered banks and
commercial borrowers
intending to engage in such
transactions
Transmitter
Division and Money Transmitter program subject to
Sunset Review and additional Dodd-Frank requirements
12-52-101 through 12-
52-206, C.R.S.
Amend rules to remove language
regarding Interagency Guidance on
Nontraditional Mortgage Products.
Summer 2014
State chartered banks
Programs subject to additional/final Dodd-Frank
requirements
11-101-101 through
11-109-907, C.R.S.
Revise Division rules when
comparable federal rules are
promulgated by the federal bank
regulators, pursuant to the Dodd-
Frank Act.
Summer 2014
State chartered banks,
money transmitters, trust
departments and trust
companies
List of Approved Eligible Collateral Instruments and
Obligations
11-10.5-107(1), C.R.S.
Amend rules to address minimum
capital requirements and risk-based
capital to conform to the federal
banking agencies.
Fall 2014
State and Nationally
chartered banks
Regulatory Agenda 2014 – Civil Rights
2
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Division of Civil Rights
3 CCR 708-1, Rules 10 and 20
24-34-306, C.R.S.
Clarify procedure for filing and
enforcement of discrimination
charges.
Summer 2014
Housing Providers,
Employers, Places of Public
Accommodation
3 CCR 708-1, Rules 30-80
24-34-401 to 24-34-
707, C.R.S.
Update rules relating to protected
class, to align with current law.
Summer 2014
Housing Providers,
Employers, and Places of
Public Accommodation.
3 CCR 708-1, Rule 90
24-34-401 to 406,
C.R.S.
Repeal obsolete rules regarding
uniform employment testing.
Summer 2014
Housing Providers,
Employers, and Places of
Public Accommodation.
Regulatory Agenda 2014 – Professions & Occupations
3
Division
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Division of Professions & Occupations
Surgical
Assistants/Technologist
Registration Program
New rules concerning LOAs and LOCs
Requested statute
change
Consistency with other programs,
fair discipline
Fall 2014
Registered Surgical
Assistants/Technologists
Naturopathic Doctor
Registration Program
New rule regarding the general administration of the
practice act
12-37.3-104(1)(a) C.R.S.
Statute requires adoption of a rule
regarding the general administration
of the practice act
Spring 2014
Naturopathic Doctors
Naturopathic Doctor
Registration Program
New rule regarding the form and manner of submitting
an application
12-37.3-106(2) C.R.S.
Statute requires adoption of a rule
regarding the form and manner of
submitting an application
Spring 2014
Naturopathic Doctors
Naturopathic Doctor
Registration Program
New rule regarding approved licensing exams
12-37.3-106(2)(d)
C.R.S.
Statute requires adoption of a rule
regarding approved licensing exams
Spring 2014
Naturopathic Doctors
Naturopathic Doctor
Registration Program
New rule regarding continued competency
12-37.3-108(1)(b)
C.R.S.
Statute requires adoption of a rule
regarding continued competency
Winter 2014
Naturopathic Doctors
Naturopathic Doctor
Registration Program
New rule regarding activation and inactivation of
registrations
12-37.3-118 C.R.S.
Statute requires adoption of a rule
regarding the activation and
inactivation of registrations
Spring 2014
Naturopathic Doctors
Naturopathic Doctor
Registration Program
New rule regarding the definition of natural health care
and services
12-37.3-102(9) C.R.S
To clarify the definition of natural
health care and services
Spring 2014
Naturopathic Doctors,
Physicians, Nursing,
Naturopaths, other
healthcare providers
Naturopathic Doctor
Registration Program
New rule regarding mandatory disclosures when caring
for a child
12-37.3-105(2)(f) C.R.S.
To clarify mandatory disclosures
when caring for a child
Spring 2014
Naturopathic Doctors
Regulatory Agenda 2014 – Professions & Occupations
4
Division
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Naturopathic Doctor
Registration Program
New rule regarding informed consent requirements
12-37.3-105(3)(b)
C.R.S.
To clarify informed consent
requirements
Spring 2014
Naturopathic Doctors
Naturopathic Doctor
Registration Program
New rule regarding title protection
12-37.3-110(2) C.R.S.
To clarify title protection of
Naturopathic Doctors
Spring 2014
Naturopathic Doctors
Pharmacy Board
Amend Rule 3.00.00 regarding dispensing
12-42.5-101, 12-42.5-
105, 12-42.5-106, CRS
To allow "first dose" dispensing from
long-term care facility chart orders
by retail pharmacies for patients
residing in long-term care facilities
Fall 2014
Consumers, pharmacies,
and long-term care
facilities
Pharmacy Board
Amend Rule 5.00.00 regarding outlets
12-42.5-101, 12-42.5-
105, 12-42.5-106, CRS
To allow pharmacies owned and
operated by health maintenance
organizations (HMOs) as defined in
10-16-102, CRS to maintain drug
stocks in automated dispensing
machines located within the same
building of the HMO
Fall 2014
Consumers and
pharmacies
Pharmacy Board
Amend Rule 14.00.00 regarding other outlets
12-42.5-101, 12-42.5-
105, 12-42.5-106, CRS
To allow other outlets to dispense
prescriptions from orders maintained
in electronic patient charts under
certain conditions
Fall 2014
Consumers and other
outlets
Pharmacy Board
Amend Rule 20.00.00 regarding central prescription
processing
12-42.5-101, 12-42.5-
105, 12-42.5-106, CRS
Amend rules dictating central
prescription processing to concur
with practice changes as well as
those adopted by the National
Association of Boards of Pharmacy
Fall 2014
Consumers and
pharmacies
Regulatory Agenda 2014 – Professions & Occupations
5
Division
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Pharmacy Board
Amend Rule 21.00.00 regarding compounding
12-42.5-101, 12-42.5-
105, 12-42.5-106, CRS
Amend compounding rules from
input provided by the Pharmacy-
Board initiated "Compounding Task
Force" in regards to addressing
consumers safety and to concur with
practice changes
Fall 2014
Consumers and
pharmacies
Electrical Board
Adopt National Electrical Code (NEC) 2014
12-23-104(a)
Statute requires adoption of NEC.
Consistency with plumbing board
rules.
Spring 2014
Consumers, jurisdictional
authorities, licensed
electricians, registered
electrical contractors, and
registered apprentices.
Colorado Medical
Board
Amend existing Rule 140 (3 CCR 713-33)
24-4-103, 12-36-
104(1)(a), C.R.S.
Update rule to comport with
legislation that regulates
distinguished foreign teaching
physicians
Spring 2014
Distinguished Foreign
Teaching Physicians and
the academic staff at the
University of Colorado
School of Medicine.
State Board of Nursing
New and rule revision Chapter 13 concerning delegation
of nursing tasks
22-1-119.5, 12-38-132
C.R.S.
To fully implement statute
concerning use of Epinephrine Auto-
Injectors in Emergency Situations in
School Settings
Summer 2014
Consumers, nurse
licensees, school staff
State Board of Nursing
Rule revision -Miscellaneous Nursing Rules
12-38-108 C.R.S. and
state mandate of rule
review on five year
cycle
In furtherance of agency review of all
rules
Fall 2014
Consumers, nurse
licensees and applicants
State Board of Nursing
Rule revision Chapter 2 Approval of Education Programs
12-38-108(1)(a)(j) and
12-38-116 C.R.S.
To add, clarify current definitions or
otherwise further implement statute
Summer 2014
Consumers, nurse
licensees, applicants, and
training programs
Regulatory Agenda 2014 – Professions & Occupations
6
Division
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
State Board of Nursing
Rule revision Chapter 11 Approval of Nurse Aide
Training Programs
12-38.1-103(3) & 12-
38.1-108 C.R.S.
To add, clarify current definition,
otherwise further implement statute;
and to standardize common
terminology among nurse practice
acts
Summer 2014
Consumers, nurse
licensees, applicants, and
training programs
Office of Athletic
Trainer Registration
Rule revision -Miscellaneous Athletic Trainer Rules
12-29.7-101 et seq.
C.R.S. and state
mandate of rule review
on five year cycle
In furtherance of agency review of all
rules
Fall 2014
Consumers, athletic trainer
registrants and applicants
Speech-Language
Pathology Certification
New rule regarding continued competency
12-43.7-107(1)(b),
C.R.S.
Statute requires adoption of a rule
regarding continued competency
Winter 2014
Speech-Language
Pathologists
State Board of
Licensure for
Architects, Professional
Engineers and
Professional Land
Surveyors
Revise rules in accordance with any changes in sunset
legislation
12-25-107(a) and
(b),12-25-207(a),12-25-
307(a) , C.R.S.
Revise rules in accordance with any
changes in sunset legislation
regarding address changes,
responsible control, malpractice
reporting, seal attributes, and
duplicate wording.
Spring 2014
Consumers, professional
engineers, engineer
interns, professional land
surveyors, land surveyor
interns, and architects
State Board of
Licensure for
Architects, Professional
Engineers and
Professional Land
Surveyors
Consider Revising Board Rule 5.1 regarding Electronic
Signatures
Board Rule 5.1
Address due to licensee questions
that may result in clarification in rule
Spring 2014
Consumers, professional
engineers, engineer
interns, professional land
surveyors, land surveyor
interns, and architects
State Board of
Licensure for Architects
Professional Engineers
New Rule 4.8.2.1 (d) re adoption of ARE™
12-25-314(2)(a), C.R.S.
Adopt the ARE as the exam for ARCs
as noted in statute
Spring 2014
Consumers, architects
Regulatory Agenda 2014 – Professions & Occupations
7
Division
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
State Board of
Licensure for
Architects, Professional
Engineers and
Professional Land
Surveyors
New Rule within Board Rule 4.4
12-25-114, 12-25-214,
and 12-25-314, C.R.S.
Consideration of US
Residence/Experience
requirements for licensure
Spring 2014
Consumers, professional
engineers, engineer
interns, professional land
surveyors, land surveyor
interns, and architects
Office of Massage
Therapy Registration
Add Rule 10 - Licensure Requirements: Credit for
Military Experience
12-35.5-117 and 24-34-
102(8.5) , C.R.S.
Outline conditions and procedures
for the Director's evaluation of
applicants’ military experience and
training.
Summer 2014
Consumers and massage
therapist applicants who
want the Director to
consider military
experience, training, or
education.
Office of Massage
Therapy Registration
Addition of any rules required to implement the 2013
massage therapy Sunset legislation
12-35.5-117, C.R.S.
To implement the 2013 massage
therapy Sunset legislation regarding
out-of-state schools
Summer 2014
Consumers, registered
massage therapists, and
massage therapist
applicants
Colorado Board of
Chiropractic Examiners
Consider revising Rule 20 Termination of Practice upon
Suspension, Relinquishment or Revocation
12-33-107(1)(a), C.R.S.
To address what to do if a
chiropractor closes a practice or
passes away
Summer 2014
Consumers, licensed
chiropractors
Colorado Board of
Chiropractic Examiners
Consider revising Rule 13 Advertisement of Free or
Discounted Services
12-33-107(1)(a), C.R.S.
and 12-33-117(3)(a),
C.R.S.
To address pre-pay contracts vs.
contracts in general-when patients
should be released from these
agreements
Summer 2014
Consumers, licensed
chiropractors
Colorado Board of
Chiropractic Examiners
Consider revising Rule 6 Patient Assessment and
Electrotherapy/Physical Remedial Measures
12-33-107(1)(a), C.R.S.
and 12-33-102(1) and
(3), C.R.S.
Clarification on authority
requirements for physiotherapy vs.
electrotherapy
Summer 2014
Consumers, licensed
chiropractors
Regulatory Agenda 2014 – Professions & Occupations
8
Division
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Colorado Board of
Chiropractic Examiners
Consider revising Rule 8 Continuing Education
12-33-116, C.R.S.
Consider requiring certain continuing
education hours be completed
through specific organizations, and
consider adding a requirement for a
certain amount of CE hours to
include a course in regulatory
education
Summer 2014
Consumers, licensed
chiropractors, continuing
education providers
Colorado Board of
Chiropractic Examiners
Consider revising Rule 7 Scope of Practice and/or
possible addition of a new rule
12-33-107(1)(a), C.R.S.
Consider revisions to current Rule 7
and/or addition of a new rule to
further clarify/limit the scope of
practice for chiropractors.
Fall 2014
Consumers, licensed
chiropractors
Office of Occupation
Therapy Licensure
Implementation of 2013 Sunset legislation including the
licensure of occupational therapists and occupational
therapy assistants
12-40.5-12, CRS
Implementation of 2013
occupational therapy legislation
regarding licensure, OTAs, and
continued competency.
Spring 2014
Consumers, occupational
therapists, occupational
therapy assistants, schools,
applicants
Board of Licensed
Professional Counselor
Examiners
Consider revision of Rule 14 regarding licensure
requirements.
12-43-203(3)(a), CRS
Maintain equivalent standards to
other professional counselor licenses
within the country
Summer 2014
Consumers, licensees,
schools and applicants
Board of Licensed
Professional Counselor
Examiners
Implementation of auricular acudetox bill.
12-43-203(3)(a), CRS
Establish standards for LPCs to
provide auricular acudetox services.
Summer 2014
Consumers, licensees
Board of Psychologist
Examiners
Implementation of auricular acudetox bill.
12-43-203(3)(a), CRS
Establish standards for psychologists
to provide auricular acudetox
services.
Summer 2014
Consumers, licensees
Board of Social Work
Examiners
Implementation of auricular acudetox bill.
12-43-203(3)(a), CRS
Establish standards for social workers
to provide auricular acudetox
services.
Summer 2014
Consumers, licensees
Regulatory Agenda 2014 – Professions & Occupations
9
Division
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Board of Marriage and
Family Therapist
Examiners
Implementation of auricular acudetox bill.
12-43-203(3)(a), CRS
Establish standards for marriage and
family therapists to provide auricular
acudetox services.
Summer 2014
Consumers, licensees
Board of Addiction
Counselor Examiners
Implementation of auricular acudetox bill.
12-43-203(3)(a), CRS
Establish standards for CAC IIIs and
licensed addiction counselors to
provide auricular acudetox services.
Summer 2014
Consumers, licensees
State Board of
Optometry
Rules 1.00-19.00
12-40-107(b), C.R.S.
A review of all rules for grammatical
errors and legal inconsistencies
Summer 2014
Consumers, licensed
optometrists
State Board of
Optometry
Add Rule 20.00 Continuing Education
12-40-113(1)(f), C.R.S.
Consider review of continuing
education policies to incorporate
them into a rule
Summer 2014
Consumers, licensed
optometrists
Office of Acupuncture
Licensure
Addition of any rules required to implement the 2013
acupuncture Sunset legislation
12-29.5-110(1)(a), 12-
29.5-104.5(2), C.R.S.
To implement the 2013 acupuncture
Sunset legislation regarding
administrative updates
Summer 2014
Consumers, licensed
acupuncturists
State Board of Dental
Examiners
Rule XVI concerning infection control, Rule XIV
concerning anesthesia, and Rule III concerning licensure.
12-35-107(1)(b) and (f),
C.R.S.
Amend the current infection control
rule; amend the current anesthesia
rule; amend the licensure rule to
clarify competency requirements;
amend licensure rule to make clear
that an expired, inactive, or retired
licensee is still required to comply
with reporting requirements.
Spring 2014
Consumers, licensed dental
hygienists, licenses
dentists, and dental
hygienists and dentists not
licensed but married to
military personnel residing
in Colorado.
State Board of Dental
Examiners
Amend/implement rules impacted by sunset legislation
in 2014.
12-35-107(1)(b) and (f),
C.R.S.
A sunset bill for this program will be
introduced in the 2014 legislative
session. Rulemaking will likely occur
in response thereto.
Fall 2014
Consumers and licensees.
Regulatory Agenda 2014 – Professions & Occupations
10
Division
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
State Board of
Veterinary Medicine
Amend Rules I.B and E in order to allow for "teeth
floating" to occur under "indirect supervision" rather
than "direct supervision".
12-64-105(9)(j), C.R.S.
The Board's Large Animal Dentistry
Committee is recommending
allowing for a loosing of this
requirement now that the
opportunity is available through the
passage of HB13-1311.
Spring 2014
Consumers, licensees, and
non-licensees.
Physical Therapy Board
New rule regarding continued competency
12-41-114.6(1)(b),
C.R.S.
Statute requires adoption of a rule
regarding continued competency
Spring 2014
Physical Therapists
Physical Therapy Board
Create and amend testing rules. Update endorsement
and reinstatement rules.
12-41-103.6(2)(b),
C.R.S.
Create and amend testing rules.
Update endorsement and
reinstatement rules.
Spring 2014
Consumers, licensees, new
graduates, and physical
therapists and physical
therapist's assistants not
licensed but married to
military personnel residing
in Colorado. .
Regulatory Agenda 2014 - Insurance
11
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Division of Insurance
3-2-1, Proxies, Consents and Authorizations of Domestic
Stock Insurers
10-1-109, C.R.S.
Update regulation for Secretary of
State format and any statutory
changes. Set forth certain
requirements for stock insurance
companies related to disclosure,
proxies, and consents.
Summer 2014
Domestic stock insurers,
foreign and alien insurers
acquiring CO domestic
stock insurers
3-2-2, Insider Trading of Equity Securities of a Domestic
Stock Insurance Company
10-1-109, C.R.S.
Update regulation for Secretary of
State format and any statutory
changes. Set forth certain
requirements for stock insurance
companies related to insider trading.
Summer 2014
Domestic stock insurers,
foreign and alien insurers
acquiring CO domestic
stock insurers
and Investigations
1-1-3, Rules Governing the Filing of Declaratory
Judgment Petitions with the Colorado Insurance
Commissioner
10-1-109, 24-4-105(11)
Update regulation for Secretary of
State format and any statutory
changes. Sets forth process for the
filing and decision-making regarding
petitions for declaratory orders.
Fall 2014
Insurance carriers,
insurance producers,
consumers, attorneys
Casualty, and Life and
Health, Rates and
Forms
6-1-1, Limiting Coverage
10-1-109, C.R.S.
Update regulation for Secretary of
State format, statutory changes, and
Division interpretation. Prescribe
conditions to be met by all insurers
issuing policies, rides, endorsements,
and amendments which limit the
coverage usually and normally
afforded.
Spring 2014
Insurance carriers,
insurance producers,
consumers, attorneys
Regulatory Agenda 2014 - Insurance
12
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
and Investigations
1-2-6, Concerning Reinsurance Intermediaries
10-2-104, 10-2-912, 10-
2-1101, C.R.S.
Update regulation for Secretary of
State format, statutory changes, and
Division interpretation. Specify filing
requirements for licensure for
reinsurance intermediaries required
to be licensed by the DOI prior to
doing business in CO.
Fall 2014
Reinsurance
intermediaries, certain
insurance producers,
insurance carriers
and Investigations
6-3-2, Concerning the Use of Independent Contractors
for Informal Investigations and Appeal Processes for
Expenses
10-1-109, 10-1-208,
C.R.S.
Update regulation for Secretary of
State format, statutory changes, and
Division interpretation. Specify
requirements for use of independent
contractors for informal
investigations; provide process to
appeal expenses charged by such
contractors.
Fall 2014
Insurance carriers,
insurance producers,
consumers, attorneys
Consumer Affairs
5-2-17, Private Passenger Automobile Coverage
Limitations
10-1-109, 101-4-601(5),
C.R.S.
Update regulation for Secretary of
State format, judicial decisions, and
Division interpretation. Prohibit
insurers from reducing available
liability coverage under an
automobile policy.
Summer 2014
Consumers, auto carriers
1-1-7, Market Conduct Record Retention
10-1-109, C.R.S.
Regulation to be expanded to set
forth generally applicable record
retention requirements except where
specific statutory authority exists for
a differing period. Clarify definition
and requirements regarding
retention, maintenance, access and
retrievability of records.
Summer 2014
Carriers, producers, other
regulated entities, person
who need to know what
records are required to be
produced for
examinations,
investigations and other
inquiries.
Regulatory Agenda 2014 - Insurance
13
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
6-4-1, Privacy of Consumer Financial and Health
Information
10-1-109, 10-1-109, 10-
5-117, 10-16-109, 10-
16-401(4)(o), C.R.S.
Update regulation for Secretary of
State format, and to align with NAIC
model. Update standards governing
the treatment of non-public personal
health and financial information
about individuals by all licensees of
CO-DOI.
Fall 2014
Insurance carriers,
insurance producers,
consumers, attorneys,
healthcare providers,
benefit administrators
6-4-2, Standards for Safeguarding Customer Information
10-1-109, 10-16-109,
10-16-401(4)(o), C.R.S.
Update regulation for Secretary of
State format, and to align with NAIC
model. Establish standards for
developing and implementing
administrative, technical and physical
safeguards to protect the security,
confidentiality and integrity of
customer information.
Fall 2014
Insurance carriers,
insurance producers,
consumers, attorneys,
health care providers,
benefit administrators
4-1-15, Preneed Life Insurance Minimum Mortality
Standards for Determining Reserve Liabilities and
Nonforfeiture Values
10-1-109,10-7-313.7,
C.R.S.
Establish minimum mortality
standards for preneed products.
Update regulation for Secretary of
State format, and to align with NAIC
model.
Spring 2014
Insurance carriers
and Investigations
1-2-9, Fees Charged by Producers
10-1-109, C.R.S.
Update regulation for Secretary of
State format, Division interpretation.
Implement rules which prohibit
producers from charging insurance
applicants and policyholders certain
fees for which they are already
compensated through commissions;
clarify which fees may be charged.
Spring 2014
Consumers, insurance
producers, insurance
companies/carriers
Regulatory Agenda 2014 - Insurance
14
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Concerning Preneed Contract Sellers
10-15-112, C.R.S.
Specify the type of annuity used to
fund preneed funeral contracts;
require advisory notifications to the
consumer about annuities used for
this purpose.
Summer 2014
Consumers, insurance
companies, producers,
particularly those
authorized to sell
annuities, and preneed
contract sellers that use
annuities to fund preneed
contracts.
Rates and Forms and
Consumer Affairs
5-1-11, Mass Merchandising of Property and Casualty
Insurance
10-1-109, C.R.S.
Update regulation for Secretary of
State format and any statutory
changes. Define mass merchandising
of insurance products and set forth
the guidelines for such marketing;
simplify the rule and remove out-of-
date and unnecessary requirements.
Summer 2014
Property and casualty
insurers, producers,
consumers, unions,
associations, employers
Consumer Affairs and
Compliance, Licensing
REPEAL, 1-1-2, Public Adjuster Representation Contracts
10-1-109, 10-2-417,
CRS
Provisions contained in revised 1-2-
10 and 1-2-19
Early 2014
Public adjusters, property
and casualty insurance
carriers, consumers
Consumer Affairs and
Compliance, Licensing
REPEAL 1-2-12, Concerning Public Insurance Adjusters
10-1-109, 10-2-417, 10-
3-1110, C.R.S.
Replaced by Regulations 1-2-4, 1-2-
10, and 1-2-19 to be effective
1/1/2014.
Early 2014
Public adjusters, property
and casualty insurance
carriers, consumers
Consumer Affairs
4-1-12, Concerning the Disclosure Requirements for
Annuity Transactions
10-1-109, 10-3-1110,
C.R.S.
Update regulation to conform with
current NAIC model to the extent
that changes have been made since
model was adopted.
Fall 2014
Life insurance carriers,
annuity writers,
consumers.
Regulatory Agenda 2014 - Insurance
15
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Consumer Affairs
4-6-12, Mandatory Coverage of Mental Illnesses
10-16-104, C.R.S.
Conform and harmonize state law
and regulations with federal health
care reform requirements.
Early 2014
Health insurance carriers,
consumers, mental health
advocates
Life and Health
Consumer Affairs
REPEAL, 4-6-3, Concerning CoverColorado Standardized
Notice Form and Eligibility Requirements
10-16-107, 10-16-109,
C.R.S.
REPEAL of regulation to specify
standardized notice requirements to
notify individuals of eligibility for
CoverColorado due to repeal of
program as of 12/1/2014 for new
entrants and 3/31/2014 for current
enrollees.
Early 2014
CoverColorado, consumers,
employers, health
insurance carriers
Life and Health
Consumer Affairs
REPEAL, 4-6-11, CoverColorado Standardized Notice
Form to Be Used to Notify Certain Individuals, Eligible for
Medicare, Eligibility for CoverColorado
10-16-107, 10-16-109,
C.R.S.
REPEAL of regulation to specify
standardized notice requirements to
notify individuals of eligibility for
CoverColorado due to repeal of
program as of 12/1/2014 for new
entrants and 3/31/2014 for current
enrollees.
Early 2014
CoverColorado, consumers,
employers, health
insurance carriers
Consumer Affairs
4-2-28, Payment of Early Intervention Services for
Children Eligible for Benefits under Part C of the Federal
"Individual with Disabilities Education Act "
10-16-104(1.3)
Update regulation to conform to
requirements of HB 13-1266 and
federal health care reform statutes
and regulations.
Early 2014
Health insurance carriers,
consumers, child advocacy
organizations
Life and Health
Consumer Affairs
4-2-15, Required Provisions in Carrier Contracts with
Providers, Carrier Contracts with Intermediaries
Negotiating on Behalf of Providers and Carrier Contracts
with Intermediaries Conducting Utilization Review
101-109, 10-16-121(5),
10-16-708, C.R.S.
Update regulation to Secretary of
State format and to incorporate
changes necessary due to HB13-1266
and alignment with federal law and
statutes.
Early 2014
Health insurance carriers,
consumers, providers
Regulatory Agenda 2014 - Insurance
16
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Life and Health
Consumer Affairs
4-2-10, Reporting Requirements for Multiple Employer
Welfare Arrangements (MEWAs)
10-1-109, C.R.S.
Clarify the information to be filed
under the provisions of §10-3-
903.5(7) by MEWAs claiming exempt
status from licensing, and to clarify
the responsibilities of licensed
producers. Update regulation to
incorporate changes necessary due
to HB13-1266 and alignment with
federal law and statutes.
Fall 2014
Health insurance carriers,
consumers, associations,
unlicensed MEWAs
Life and Health
Consumer Affairs
4-7-2, Concerning the Laws Regulating Health
Maintenance Organization Benefit Contracts and
Services in Colorado
10-16-109, C.R.S.
Update regulation to incorporate
changes necessary due to HB 13-
1266 and alignment with federal law
and statutes.
Fall 2014
Health insurance carriers,
consumers, providers,
employers
and Investigations
1-2-14, Concerning Record Keeping and Reporting
Requirements for Insurance Producers Authorized to
Write Bail Bonds, and the Format of the Required
Disclosure Statement
10-1-109, 10-2-104, 10-
2-705, C.R.S.
Establish the requirements to file the
annual report required by §10-2-
415.6, C.R.S.; set forth the format of
the Disclosure Form required by
§C.R.S.; and describe additional
documents that must be retained by
insurance producers pursuant to §10-
2-705(5). Update regulation to
incorporate changes necessary due
to statutory and process changes in
regard to bail bond reports.
Spring 2014
Surety Bail Bond
Producers, Bail Bond
Insurance Companies,
State Judicial
Administrator's Office
Regulatory Agenda 2014 - Insurance
17
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
and Investigations
7-1-3, Concerning Record Keeping and Reporting
Requirements for Cash-Bonding Agents and Professional
Cash-Bail Agents, and the Format of the Required
Disclosure Statement
10-1-109, 10-23-102,
and 10-23, 108, C.R.S.
Establish requirements to file the
annual report required by §10-23-
102, C.R.S.; set forth the format of
the Disclosure Form required by 10-
23-108(2), C.R.S.; and describe
additional documents that must be
retained by Cash-Bonding Agents and
Professional Cash-Bail Agents
pursuant to §10-23-108(5), C.R.S.
Update regulation to incorporate
changes necessary due to statutory
and process changes in regard to bail
bond reports.
Spring 2014
Cash-bonding and
Professional Cash Bail
Agents, Bail Bond
Companies, State Judicial
Administrator's Office
and Investigations
4-1-2, Advertising and Sales Promotion of Life Insurance
and Annuities
10-1-108(8), 10-1-109,
10-3-1110, C.R.S
Set forth the minimum standards and
guidelines to assure a full and
truthful disclosure to the public of all
material and relevant information in
the advertising of life insurance
policies and annuity contracts.
Spring 2014
Consumers, life insurance
carriers, producers
Rates and Forms and
Actuarial
5-1-10, Rate and Rule Filing Submission Requirements
Property and Casualty
10-1-109, 10-3-1110.
10-4-110.7, 10-4-404,
10-4-404.5, and 10-11-
118, C.R.S.
Establish the requirements for rate
and rule filings for property and
casualty insurance and potentially
remove references to title insurance
(which would be included in 3-5-1).
Fall 2014
Property and casualty
insurers, producers,
consumers, title insurers,
title agencies
Regulatory Agenda 2014 - Insurance
18
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
4-3-1, Minimum standards for Medicare Supplement
Policies
101-1-108(8), 10-1-109,
Article 18 of Title 10,
C.R.S.
Provide for reasonable
standardization of coverage and
simplification of terms and benefits
of Medicare Supplement policies.
Revising regulation to ensure rates
are compliant with statutes, actuarial
standards of practice. Revise formula
for under age 65 premiums.
Winter 2014
Insurance carriers offering
Medicare Supplement
policies, Medicare
beneficiaries, consumers
1-1-1, Actuarial Qualifications
10-1-102(1), C.R.S.
Revise the terminology of "qualified
actuary" to one fairly consistent
among all lines and states while
meeting Colorado's statutory
requirements.
Winter 2014
Actuaries, insurance
companies
and Compliance,
Licensing and
Investigations
3-5-1, Concerning Title Insurance
10-1-109, 10-2-104, 10-
2-401, 10-3-1110, 10-4-
404(1), 10-11-118-10-
11-124, C.R.S.
Provide clarification and revised
guidelines and requirements on title
insurance.
Summer 2014
Title insurance companies,
title insurance entities, real
estate brokers, mortgage
lenders, consumers
Examinations
New -- Concerning Internal Control Requirements and
Division Approval of Derivative Programs
10-3-243, C.R.S.
Institute internal control
requirements and Division approval
over a Company's derivative
program. NAIC Model Law and
Regulation, necessary for
accreditation.
Summer 2014
Domestic insurance
companies which write
derivatives.
Regulatory Agenda 2014 - Insurance
19
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
New -- Unclaimed Life Insurance Benefits
10-1-109, 10-3-1110,
C.R.S.
Clarify obligations of life insurance
entities regulation under Article 7 of
Title 10 when any database showing
deceased individuals is used to
determine whether benefits are
payable for one product, that the
same database must be used to
determine whether benefits are
payable for other insurance products
issued by that insurer.
Summer 2014
Life insurance carriers,
annuity writers,
consumers.
4-2-24, Concerning Clean Claim Requirements for Health
Carriers
10-1-109, 10-16-109,
C.R.S.
Update requirements to determine
whether a claim will be considered a
clean claim and the requirements for
carriers processing such for prompt
payment of claims.
Winter 2014
Health carriers, consumers,
providers.
3-4-1, Holding Company System
10-1-109, 10-3-808,
C.R.S.
Update requirements for carrying out
the provisions of the Insurance
Holding Company Systems Act and
incorporating statutory changes and
modifications from the NAIC model
acts and regulations necessary for
accreditation.
Fall 2014
Carriers
Consumer Affairs
NEW -- Wellness programs
10-1-109, 10-16-
136(3.5)(a)(I)(B), CRS
Establish guidelines for carrier
operation/coverage of wellness
programs including incorporation of
consumer protections and alignment
with federal health reform
requirements.
Spring 2014
Health carriers, consumers,
providers
Regulatory Agenda 2014 - Insurance
20
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Consumer Affairs and
Rates and Forms
NEW --Carrier discontinuance of health plans
10-1-109, 10-16-
105.1(6), C.R.S.
Establish standards for carrier
discontinuance of health plans
including notification requirements,
disclosures, etc.
Spring 2014
Health carriers, consumers,
employers
Consumer Affairs and
Rates and Forms
NEW -- Policyholder directed termination of coverage
10-1-109, 10-16-109,
10-16-105.1(6), C.R.S.
Establish standards and requirements
for carrier handling of policyholder
directed termination of coverage
Spring 2014
Health carriers, consumers,
employers, providers
Consumer Affairs
NEW -- Grace periods
10-1-109, 10-16-109,
10-16-140(1), C.R.S.
Establish standards and requirements
for implementation of grace periods
in accordance with HB 13-1266 and
federal health care reform
requirements.
Spring 2014
Health carriers, consumers,
employers, providers
Consumer Affairs and
Rates and Forms
4-2-7, Procedures for reasonable modifications to
individual and small group health benefit plans
10-1-109, 10-16-109,
110-16-105.1, C.R.S.
Update and revise standards and
requirements for carriers to submit
and Division to consider reasonable
modifications to individual and small
group health benefit plans.
Summer 2014
Health carriers
Consumer Affairs and
Rates and Forms
4-2-39, Concerning premium rate setting for individual,
small and large group health benefit plans
10-1-109, 10-16-109,
10-16-107, C.R.S.
Update premium rate setting
requirements for health benefit plans
for 2015.
Spring 2014
Health carriers, consumers,
employers
Consumer Affairs and
Rates and Forms
4-2-41, Concerning the elements for form filings for
health benefit plans and certain dental coverage forms
and contracts
10-1-109, 10-16-109,
10-16-107, C.R.S.
Update requirements for form filings
for health benefit plans and certain
dental coverage forms and contracts
for 2015 policy years.
Spring 2014
Health carriers, dental
carriers, consumers,
employers
Consumer Affairs and
Rates and Forms
4-2-42, Concerning essential health benefits
10-1-109, 10-16-109,
10-16-103.4, C.R.S.
Update requirements for coverage of
essential health benefits for 2016
policy year.
Fall 2014
Health carriers, consumers,
employers
Regulatory Agenda 2014 - Insurance
21
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Consumer Affairs and
Rates and Forms
4-2-44, Transition of individual health benefit plans,
basic and standard health benefit plans, business group
of one plans, and conversion plans
10-1-109, 10-16-109,
10-16-104.1(6), C.R.S.
Update requirements to align with
federal health care reform
regulations and law, and HB13-1266
and implement requirements for the
transition of categories of coverage
that have been repealed.
Spring 2014
Health carriers, consumers,
employers
Consumers Affairs
and Rates and Forms
4-2-45, Uniform Applications
10-1-109, 10-16-109,
10-16-107.5, C.R.S.
Update uniform individual and small
group application requirements.
Fall 2014
Health carriers, consumers,
employers
4-9-2, Credit Insurance
10-1-109, 10-10-
109(2.5), 10-10-114,
C.R.S.
Update component rating and filings
for 2015 policies.
Fall 2014
Credit insurance carriers
Regulatory Agenda 2014 – Public Utilities Commission
22
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Public Utilities Commission
Gas Utilities and
Pipeline Operators
4 CCR 723-3 and 4 CCR 723-4 (Revision and New)
Commission agreed to
investigate further
changes necessary for
data privacy for electric
and gas customers
during the rulemaking
on Practice and
Procedure.
Update Data Privacy Rules for Electric
Utilities and Add corresponding rules
for Gas Utilities
Spring 2014
Electric and Gas utilities,
Energy Outreach Colorado,
Colorado Energy Office,
Demand Side Management
aggregators, customers,
other seeking customer
utility information
4 CCR 723-7 (Revision)
Adopt changes from
Colorado
Transportation
Commission and
streamlining
40-4-106, CRS
Revise Railroad rules to incorporate
new MUTCD cities and definitions
adopted by the CO Transportation
Commission; streamline and clarify
Commission procedures.
Fall 2014
Railroads; some Rail Fixed
Guideway systems; road
authorities including CDOT,
counties, cities and towns
4 CCR 723-7 (Revision)
Rulemaking to
implement new FTA
rules related to the
State Safety Oversight
program for rail fixed
guideway systems
Revise Rail Fixed Guideway rules to
change and incorporate any changes
in FTA's rules based on the MAP-21
legislation.
Winter 2014
Rail Fixed Guideway
systems
4 CCR 723-6 (Revision)
Anticipate legislative
change - Regulation of
Transportation Service
by Motor Vehicles
40-4-106, CRS
Amendments to existing rules to
implement anticipated legislative
changes in the areas of public safety,
public interest and consumer
protection.
Fall 2014
Regulated motor carriers
Regulatory Agenda 2014 – Public Utilities Commission
23
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
4 CCR 723-6 (Revision)
Anticipate legislative
change - Regulation of
Transportation Service
by Motor Vehicles
40-4-106, CRS
If no Transportation bills in the
Legislature; the Commission expects
a rulemaking proceeding to increase
fines for violation of State Law and
Commission Rule.
Spring 2014
Regulated motor carriers
4 CCR 723-2-2130-2159 (Revision and New)
Update Emergency 9-1-
1 rules regarding route
diversity, contingency
plans and outage
reporting
Recent weather related and other
disasters have highlighted the need
to assure that 9-1-1 systems remain
available during disasters & sufficient
data and communications are
available to impacted and involved
parties.
Spring 2014
Basic Emergency Service
Providers, Telecom
Providers (Wireline &
Wireless), 9-1-1
Authorities/PSAPs, and
citizens that place 9-1-1
communications
4 CCR 723-2-2130-2159 (Revision and New)
Update Emergency 9-1-
1 rules necessary to
support the
implementation of and
transition to Next
Generation 9-1-1 (NG9-
1-1)
40-15-101, 201 et seq.,
CRS
New technologies have enabled
modes of communication (e.g., IP &
texting) that citizens expect to be
able to use to alert emergency
service providers when they need
assistance. Statewide
implementation and transition to
NG9-1-1 is required to meet this
expectation.
Winter 2014
Basic Emergency Service
Providers, Telecom/
Communications Providers
(technology neutral), 9-1-1
Authorities/PSAPs/1st
responders, and citizens
that place 9-1-1
communications
Procedure
4 CCR 723-1 (Revision)
Technical correction to
discovery process in
certain proceedings
Revise Practice and Procedure rules
to clarify discovery response
deadlines in certain proceedings.
Spring 2014
Those appearing in all
Commission proceedings.
Regulatory Agenda 2014 – Public Utilities Commission
24
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
4 CCR 723-2-2215 (Revision and New)
Update Effective
Competition Area (ECA)
rules to enable Telecom
Providers currently
receiving support to
apply to continue
receiving high cost
support in geographic
areas the Commission
has determined to an
ECA.
Proceeding No. 13M-0877T was
opened in August 2013 to investigate
and solicit comments regarding
necessary changes to the high cost
support mechanism rules resulting
from a determination of effective
competition areas. The fund provides
support to telecom providers of voice
service in high cost areas of the
state. Proposed rules will be issued
for Commission consideration by end
of 1Q2014 with a Notice of Proposed
Rulemaking anticipated by 2Q2014.
Summer 2014
Wireline and wireless
eligible telecom providers
and their customers.
4 CCR 723-2-2840-2869 (Revision and New)
Update rules for HCSM
generally pursuant to
40-15-502(2), C.R.S.
and the triennial review
contemplated in CCR
723-2-2850
Proceeding No. 13M-0877T was
opened in August 2013 to investigate
and solicit comments regarding any
necessary changes to the high cost
support mechanism rules resulting
from a required triennial review. The
fund provides support to telecom
providers of voice service in high cost
areas of the state.
Winter 2014
All wireline and wireless
telecom providers and
their customers.
Regulatory Agenda 2014 – Real Estate
25
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Division of Real Estate
Appraisers
License, continuing education and practice standard
rules- new and revised
12-61-704, C.R.S.
adoption of new federal criteria,
rules review, continued
implementation of sunset review
changes and AMC legislation
Winter 2014
Appraisers and appraisal
management companies
Commission
License, continuing education, forms and practice
standard rules- new and revised
12-61-114(4) and 12-
61-114.5, C.R.S.
Clarify requirements for initial and
continued licensure, address practice
deficiencies and clarify regulations
pertaining to real estate contracts
Winter 2014
Real estate brokers
Loan Originators
License, continuing education and practice standard
rules- new and revised
12-61-902.5(2), 12-61-
905(10), 12-61-905.1(3)
C.R.S.
Clarify requirements for initial and
continued licensure, address practice
deficiencies and promulgate rules as
necessary to adopt federal
regulations
Winter 2014
Mortgage loan originators
Commission
Subdivision rules- new and revised
12-61-114(4), 12-61-
114.5, 12-61-406(2.5),
C.R.S.
Registration and practice
requirements for registered
subdivision developers
Winter 2014
Subdivision developers,
real estate brokers
Easement Oversight
Commission
Application and certification requirements - new and
revised
12-61-720(11), 12-61-
723(11)(e)
Adoption of new rules necessary to
implement SB13-221, revise rules as
necessary to implement HB13-1183,
clarify requirements for certification
and address practice deficiencies
Winter 2014
Conservation easement
holders, taxpayers seeking
a tax credit for
conservation easement
donations
Associations - Director
model
License, continuing education and practice standard
rules- new and revised
12-61-406.5(5), 12-61-
1002(2), C.R.S.
Adoption of new rules and revision of
existing rules as necessary to
implement HB13-1277 and HB13-
1134.
Winter 2014
HOA managers,
homeowners residing
within common interest
communities, real estate
brokers
Regulatory Agenda 2014 - Securities
26
Board/Program
Proposed New Rules or Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Division of Securities
Include failure to comply with FINRA, CFTC and SEC fair
practice and ethical conduct rules as meeting definition
of dishonest and unethical conduct under the Act.
11-51-704, 11-51-
410(1)(g)
Coordination of Division rules with
federal standards as is required by
the Securities Act and investor
protection.
Spring 2014
Broker-Dealers and
securities sales
representatives
Department of Regulatory Agencies
(DORA)
2013 Regulatory Agenda Report
November 1, 2013
Regulatory Agenda Report 2013 – Banking
1
Division
Board/Program
Proposed New Rules or
Revisions to Existing
Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Division of Banking
Banking
CB 101.64 –Modify
Lending Limits
(Emergency)
11-105-303, C.R.S
Conform and comply with
Dodd-Frank, Section 611,
requiring states to consider
derivatives exposure in legal
lending limits
January 21, 2013
State Chartered Banks and
commercial borrowers
intending to engage in
such transactions
Adopted on 3-
21/13;
effective that
same date.
Announced in the board
agenda; comments accepted
at Banking Board meeting.
Banking and
Money
Transmitter
Division and Money
Transmitter program
subject to Sunset Review
and additional Dodd-
Frank requirements
12-52-101 through
12-52-206, C.R.S.
Revise rules as required by the
Dodd-Frank Act and Sunset
Review results.
Prior to
December 31,
2013
State chartered banks,
money transmitters, trust
departments and trust
companies
Industrial Bank
and Private
Family Trust
rules repealed;
will be
effective 11-
14-13.
Comments were taken in
accordance with rulemaking
requirements. There were no
written or oral comments.
Banking
Programs subject to
additional/final Dodd-
Frank requirements
11-101-101 through
11-109-907, C.R.S.
Revise rules as required by the
Dodd-Frank Act and Sunset
Review results.
Prior to
December 31,
2013
State chartered banks,
money transmitters, trust
departments and trust
companies
Ongoing.
Banking
List of Approved Eligible
Collateral Instruments
and Obligations
11-10.5-107(1), C.R.S.
Conform and comply with
Dodd-Frank legislation,
necessitating a change to
investment grade rather than
reliance on investment rating
agencies.
June 2013
State and Nationally
Chartered Banks
Amendments
were adopted
on 2-12-13
and became
effective on 4-
14-13.
Meetings were held with
affected stakeholders.
Comments were taken in
accordance with the
rulemaking process and
included in the final rule.
Regulatory Agenda Report 2013 – Civil Rights
2
Division
Board/Program
Proposed New
Rules or Revisions
to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder Meetings, etc.,)
Division of Civil Rights
Civil Rights
3 CCR 708-1,
Rules 10 and 20
24-34-306, C.R.S.
Clarify procedure for filing and
enforcement of discrimination
charges
Prior to July 31,
2013
Housing Providers,
Employers, Places of Public
Accommodation
Ongoing
Suggested rule modifications drafted by
CCRD are currently being reviewed by
the Colorado Civil Rights Commission.
Civil Rights
3 CCR 708-1,
Rules 30-80
24-34-401 to
24-34-707, C.R.S.
Update rules relating to each
protected class, to align with
current law
Prior to July 31,
2013
Housing Providers,
Employers, Places of Public
Accommodation
Ongoing
Suggested rule modifications drafted by
CCRD are currently being reviewed by
the Colorado Civil Rights Commission.
Civil Rights
3 CCR 708-1,
Rule 90
24-34-401 to 406,
C.R.S.
Repeal obsolete rules
regarding uniform employment
testing
Prior to July 31,
2013
Employers
Ongoing
Suggested rule modifications drafted by
CCRD are currently being reviewed by
the Colorado Civil Rights Commission.
Regulatory Agenda Report 2013 – Professions & Occupations
3
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Division of Professions and Occupations
Colorado Board
of Accountancy
Revisions to existing rules
and new rule on firm
registration requirements
that would dovetail the
existing statutory language.
12-2-104(1)(b) and
24-4-103.
Clarify examination and
licensure requirements on
and after July 1, 2015 and
clarify all other chapters
related to reporting
requirements, CPE,
registering CPA firms, etc.
Anyone interested in
becoming a CPA and existing
CPAs
Effective July 1,
2013
NEW – The rulemaking
process began in 2011 and
was expected to be
completed in 2012 rather
than 2013.
Colorado
Medical Board
Implementation of the
Professional Review Sunset -
- specifically the annual
reporting of adverse actions
Adopted New Rule 370;
amended Rule 300; repealed
existing
HB 12-1300
Addition of physician
assistants to the Professional
Review Process (formerly
known as Peer Review). See
Title 12, Article 36.5, C.R.S.
Mid-2013.
Consumers, licensed
physicians, licensed
physician assistants, and
professional review
organizations providing
services.
07/15/2013
Adoption of new rule to
implement new legislation.
Colorado
Medical Board
Emergency re-adoption of
Rule 140 (3 CCR 713-33)
SB 13-042
Concerning the renewal of
distinguished foreign
teaching
physician licenses by a
person ranked lower than an
associate professor
Mid-2013
Distinguished foreign
teaching physicians,
academic staff at the
University of Colorado
School of Medicine
05/16/2013
Emergency adoption of
existing rule.
Colorado
Medical Board
Emergency re-adoption of
Rule 140 (3 CCR 713-33)
12-36-104(1)(a) and
12-36-107.2, C.R.S.
Concerning the renewal of
distinguished foreign
teaching physician license
Late 2013
Distinguished foreign
teaching physicians
08/15/2013
Emergency adoption of
existing rule.
Regulatory Agenda Report 2013 – Professions & Occupations
4
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Colorado
Medical Board
Implementation of a new
license type --
Anesthesiologist Assistants
Adopted new Rule 510
HB 12-1332
Implementation of new
licensure type
Early 2013
Anesthesiologist Assistants,
Physician Anesthesiologists
supervising Anesthesiologist
Assistants, Hospitals and
other institutions
04/30/2013
Adoption of new rule to
implement new legislation.
Examining Board
of Plumbers
Adoption of the 2012
Colorado Plumbing Code
(IPC 2012); any other rules
stemming from 2013
plumbing sunset legislation.
12-58-104(1)(d) ,
C.R.S.
Incorporate current
plumbing codes and
statutory changes.
Fall, 2013
Consumers, jurisdictional
authorities, licensed
plumbers, registered
plumbing contactors, and
registered apprentices.
On-Going.
Should be
adopted by Fall
2013.
Stakeholder meeting taking
place on 10/21/2013.
Office of
Acupuncture
Licensure
Implement the 2013
acupuncture Sunset
legislation.
12-29.5-110(1)(a),
12-29.5-104.5(2) ,
C.R.S.
Implement the 2013
acupuncture Sunset
legislation.
Late 2013
Licensed acupuncturists and
acupuncturist applicants
On-going.
Office of Athletic
Trainer
Registration
Add Rule 10 - Licensure
Requirements: Credit for
Military Experience
12-29.7-112 and 24-
34-102(8.5) , C.R.S.
Outline conditions and
procedures for the Board's
evaluation of applicants’
military experience
Early 2013
Applicants for certification
who want military
experience considered
On-going
Office of
Audiology and
Hearing Aid
Provider
Repeal all rules
Was 12-5.5-106(5)
and 12-5.5-206(4) ,
C.R.S.
The AUD/HAP program is
currently in wind-up. All
rules will be repealed.
Mid-2013
Consumers, audiologists,
and hearing aid providers.
8/26/13
Stakeholder meetings were
held on 6/28/13, 9/26/13,
and 9/30/13
Massage
Therapy
Add Rule 10
12-35.5-117 and 24-
34-102(8.5) , C.R.S.
Procedures for evaluation of
military applicants
Early 2013
Consumers and military
applicants
-On-Going
Regulatory Agenda Report 2013 – Professions & Occupations
5
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Office of
Massage
Therapist
Registration
Addition of any rules
required to implement the
2013 massage therapy
Sunset legislation
12-35.5-117, C.R.S.
To implement the 2013
massage therapy Sunset
legislation
Late 2013
Consumers, registered
massage therapists, and
massage therapist
applicants
-On-Going
Stakeholder meeting will be
scheduled for November
2013
Office of
Occupational
Therapist
Registration
Add Rule 10 - Licensure
Requirements: Credit for
Military Experience
12-40.5-112 and 24-
34-102(8.5) , C.R.S.
Outline conditions and
procedures for the Director's
evaluation of applicants’
military experience and
training.
Early 2013
Consumers and
occupational therapy
applicants who want the
Director to consider military
experience, training, or
education
ongoing
Office of
Occupational
Therapist
Any rule to implement the
2013 occupational therapy
Sunset
12-40.5-112, C.R.S.
Implement the 2013
occupational therapy Sunset
legislation
Late 2013
Consumers and Registered
Occupational Therapists
On-Going
Conducting stakeholder
meetings in October and
November 2013
State Board of
Addiction
Counselor
Examiners
Potentially all Board Rules
may be reviewed and
revised. This is a new board
implemented in December
2011 and initial rules were
enacted to align with the
other mental health boards.
12-43-203,
12-43-227.5,
12-43-804,
12-43-805, C.R.S.
Revise rules to ensure
consistency with other
mental health boards;
implement peer assistance;
consider a clarifying rule
regarding "holding therapy;"
and otherwise clarify existing
rules.
Summer 2013
Consumers, certified
addiction counselors,
licensed addiction
counselors, and some
expired addiction
counselors.
Ongoing
Regulatory Agenda Report 2013 – Professions & Occupations
6
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Chiropractic
Examiners
Emergency rule 7(C) – Scope
of Practice
12-33-107(1)(a),
C.R.S.
Repeal the amendment
made to Rule 7(C) that
allowed chiropractors to
administer nutritional and
remedial measures by means
of injectable procedures
Consumers, licensed
chiropractors
Adopted
1/24/13
New – unexpected changes
in industry scope
State Board of
Chiropractic
Examiners
Permanent repeal of
amendment to Rule 7(C) –
Scope of Practice
12-33-102(1), C.R.S.
Comply with the law by
removing the definition of
the word “Administer” and
all certification requirements
for chiropractors who choose
to administer Nutritional
Remedial Measures
Consumers, licensed
chiropractors
Adopted
3/21/13,
effective
5/15/13
New – unexpected changes
in industry scope
State Board of
Dental
Examiners
Rule XVI concerning
infection control, Rule XIV
concerning anesthesia, and
Rule III concerning licensure.
12-35-107(1)(b) and
(f) , C.R.S.
Amend the current infection
rule to clarify the standard of
care; amend the current
anesthesia rule to correct
confusing language
Summer 2013
Consumers, licensed dental
hygienists, and licensed
dentists.
Ongoing
State Board of
Landscape
Architects
Revision of Rule 5.4.2,
Holding Out as Registered
Landscape Architect (RLA)
12-45-107(1)(a) ,
C.R.S.
Update the rule to include
and recognize usage of the
term “Professional
Landscape Architect” (PLA)
Mid-2013
Consumers and licensed
landscape architects
Adopted Jan 18,
2013
Effective Mar
17, 2013
NEW—Unanticipated need
for rules due to change in
professional titles usage.
Regulatory Agenda Report 2013 – Professions & Occupations
7
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Licensed
Professional
Counselor
Examiners
Rule 3, Confidentiality of
Proceedings and Records of
the Board; Rule 14,
Licensure by Examination;
and Rule 18, Continuing
Professional Competence
12-43-203,
12-43-227,
12-43-603,
12-43-605, C.R.S.
Clarify licensure
requirements for candidates;
implement peer services
requirements; consider a
clarifying rule regarding
"holding therapy.”
Summer 2013
Consumers, professional
counselor applicants,
professional counselor
candidates, and licensed
professional counselors
Ongoing
State Board of
Licensed
Professional
Counselor
Examiners
New rule re: jurisprudence
examination as part of
candidate status
requirements
12-43-203 and 603,
C.R.S.
Establish the jurisprudence
examination as part of
candidate status
requirements.
Summer 2013
Consumers, professional
counselor applicants,
professional counselor
candidates, and some
expired licensed
professional counselors
Ongoing
State Board of
Licensure for
Architects,
Professional
Engineers
Amendment, deletion, or
addition of rules required to
implement sunset
legislation.
12-25-107(a) and
(b),
12-25-207(a),
12-25-307(a) , C.R.S.
Revise rules in accordance
with any changes in sunset
legislation
Late 2013
Consumers, professional
engineers, engineer interns,
professional land surveyors,
land surveyor interns, and
architects
Ongoing
Stakeholders present for
discussions at Oct & Nov
meetings of the Board.
State Board of
Marriage and
Family
Therapists
Examiners
Rule 3, Confidentiality of
Proceedings and Records of
the Board; Rule 14,
Licensure by Examination;
and Rule 18
12-43-203,
12-43-227,
12-43-504,
12-43-506, C.R.S.
Clarify licensure
requirements for candidates;
implement peer services
requirements; clarify rule
regarding "holding therapy.”
Summer 2013
Consumers, marriage family
therapist applicants,
marriage family therapist
candidates, and marriage
family therapists
Ongoing
Regulatory Agenda Report 2013 – Professions & Occupations
8
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Marriage and
Family
Therapists
Examiners
New rule re: jurisprudence
examination as part of
candidate status
requirements
12-43-203 and 504,
C.R.S.
Establish the jurisprudence
examination as part of
candidate status
requirements.
Summer 2013
Consumers, marriage family
therapist applicants,
marriage family therapist
candidates
Ongoing
State Board of
Nursing
Add Chapter 23 - Peer
Review
12-38-108(1)(a) and
(j) , C.R.S.
Implement peer review
legislation that included
Advanced Practice Nurses
January 2013
Consumers, Advanced
Practice Nurses, and the
peer review organizations
that will provide peer review
services.
Ongoing;
anticipated
completion by
October 2014
State Board of
Nursing
Chapter 2 - Nursing
Education
12-38-108, C.R.S.
Update and revise the
nursing education rules
based on practice changes
and national accreditation
standards.
January or April
2013
Consumers and nursing
education programs
Adopted
1/22/2013
Stakeholder webinars held,
each addressing different
sections of Chapter 2 rules.
Invited stakeholders were
the same for all: Colorado
nurse educators
State Board of
Nursing
Chapter 11 concerning
Approval of Nurse Aide
Training Programs, and
Chapter 12 concerning
Approval of Medication Aide
Training Programs
12-38-108, C.R.S.
Revise the certified nurse
aide and medication aide
education program rules for
consistency with the
revisions of the nursing
education rules.
April or July 2013
Consumers and nurse aide
and medication aide training
programs
Ongoing;
anticipated
completion by
October 2014
Regulatory Agenda Report 2013 – Professions & Occupations
9
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Nursing
Chapter 5 and Chapter 6
12-38-108, C.R.S.
Update and revise the
Licensed Psychiatric
Technician Rules and
Education Rules.
July or October
2013
Consumers, licensed
Psychiatric Technicians, and
the training programs of
such profession.
Ongoing;
anticipated
completion by
October 2014
State Board of
Nursing
Miscellaneous Nursing Rules
12-38-108, C.R.S.
Correct and revise
miscellaneous rules needing
non-substantive updates,
housekeeping corrections.
July or October
2013
Consumers, registered
nurses, licensed practical
nurses, certified nurse aides,
advanced practice nurses,
psychiatric technicians, and
medication aides.
Adopted
1/22/2013
Chapters 1, 2, 5,
10, 19
Adopted
4/23/2013 -
Chapter 20
Activity part of Program’s
on-going rule review
State Board of
Nursing
Miscellaneous Nursing Rules
12-71-102(1) C.R.S.
Add rule to implement
military spouse licensing
provision
Consumers, military, military
spouses, all nursing
licensees
Adopted
1/22/2013
New- was no indication rule
was needed at time of Reg.
Agenda submission
State Board of
Optometry
New rules for continuing
education
12-40-107 (g) ,
C.R.S.
Codify existing continuing
education policies in rule
February or May
2013
Consumers and Licensed
Optometrists
On -Going
State Board of
Optometry
Amendment of rules 10 and
11 regarding education for
prescribing
12-40-107 (g) ,
C.R.S.
Clarify requirements
pertaining to education for
prescribing
February or May
2013
Consumers and Licensed
Optometrists
On -Going
Regulatory Agenda Report 2013 – Professions & Occupations
10
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Optometry
New rule concerning fees
for prescribing medications
12-40-107 (g) ,
C.R.S.
Clarify whether and to what
extent Optometrists can
charge for prescribing
medications
February or May
2013
Consumers and Licensed
Optometrists
On -Going
State Board of
Pharmacy
Amend Rule 3.00.00 to
implement SB 12-161
12-42.5-133, CRS
To allow the reuse of unused
drugs from correctional
facilities
1/1/13
Consumers, and correctional
facilities
Adopted 1/1/13
NEW. Unanticipated rule
due to legislation.
State Board of
Pharmacy
Amend Rule 3.00.21 and
addition of Rule 3.00.22 to
implement CRS 12-42.5-
105(2) regarding the
dispensing of non-controlled
substance opiate antagonist
12-42.5-105(2), CRS
To permit dispensing of non-
controlled substance opiate
antagonists by pharmacists
pursuant to orders issued to
a person, or a family member
or friend of a person, at risk
of an opiate overdose
9/14/13
Consumers, pharmacists,
pharmacies, prescribing
practitioners
Adopted
9/14/13
NEW. Unanticipated rule
due to legislation.
State Board of
Pharmacy
New rules regarding
flavoring of prescriptions
12-42.5-101,
12-42.5-105,
12-42.5-106,
Allow pharmacists to flavor
prescriptions
Late 2013
Consumers, licensed
pharmacists, pharmacies.
Adopted
9/14/13
No stakeholder comment
provided
State Board of
Pharmacy
Addition of Rule 3.00.70
clarifying the definition of
the “Practice of pharmacy”
12-42.5-102(31),12-
42.5-119, CRS
To establish that the
placement of a prescription
into another container is
included in the “Practice of
pharmacy” definition
1/1/13
Consumers, pharmacies
Adopted 1/1/13
NEW. Unanticipated rule.
One chain pharmacy
opposed.
Regulatory Agenda Report 2013 – Professions & Occupations
11
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Pharmacy
Amend Rule 3.00.90
regarding the return to
stock of certain drugs
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To prohibit the return to
stock of a compounded or
flavored prescription
9/14/13
Consumers, pharmacists,
and pharmacies
Adopted
9/14/13
NEW. Unanticipated rule.
One chain pharmacy
opposed.
State Board of
Pharmacy
Amend Rule 3.01.10
regarding the distribution of
prepackaged drugs
12-42.5-118(15)(b)
To specify under which
conditions a pharmacy may
distribute a prepackaged
drug
1/1/13
Consumers, and pharmacies
Adopted 1/1/13
NEW. Unanticipated rule.
No stakeholder comment
provided.
State Board of
Pharmacy
Addition of Rule 3.01.30
regarding the repackaging of
sterile drugs
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To specify requirements to
repackage a sterile drug.
9/14/13
Consumers, pharmacists,
and pharmacies
Adopted
9/14/13
NEW. Unanticipated rule.
Many stakeholder
comments received and a
majority of comments were
addressed by amendments
to the final adopted rule.
State Board of
Pharmacy
Amend Rule 4.00.00 to
implement HB 12-1311
regarding the definition of
“Pharmacy intern”
12-42.5-117(17),12-
42.5-118(13), CRS
To modernize the definition
of “Pharmacy intern” to
capture what interns now
perform and to remove
pharmacy preceptors
1/1/13
Pharmacy interns and
schools/colleges of
pharmacy
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
Regulatory Agenda Report 2013 – Professions & Occupations
12
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Pharmacy
Amend Rule 4.00.00 to
implement CRS 12-42.5-
102(17) regarding the
definition of “Pharmacy
intern”
12-42.5-102(17),
CRS
To remove, as part of the
definition of a “Pharmacy
intern”, a licensed
pharmacist in another state
who is making clinical
rotations of a nontraditional
pharmacy program
9/14/13
Pharmacy interns and
schools/colleges of
pharmacy
Adopted
9/14/13
NEW. Unanticipated rule
due to legislation. No
stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 5.00.70 to
implement HB 12-1311
regarding pharmacist
managers of pharmacies
12-42.5-116(1)(b)
To increase the number of
days a pharmacy must
replace a pharmacist
manager that has ceased the
position from 14 days to 30.
1/1/13
Consumers and pharmacies
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 5.01.31
regarding required
compounding equipment in
pharmacies
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To reduce the kinds of
compounding equipment a
pharmacy must obtain and
maintain
1/1/13
Consumers and pharmacies
Adopted 1/1/13
NEW. Unanticipated rule.
No stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 5.01.31
regarding pharmacy
compounding/dispensing
areas
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To separate parts of a
pharmacy’s
compounding/dispensing
area so long as they are
immediately unlocked upon
request of the Board
9/14/13
Pharmacies and pharmacists
Adopted
9/14/13
NEW. Unanticipated rule.
No stakeholder comment
provided.
Regulatory Agenda Report 2013 – Professions & Occupations
13
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Pharmacy
Amend Rule 6, Drug Therapy
Management
12-42.5-101,
12-42.5-105,
12-42.5-106, and
24-4-103, C.R.S.
Amend drug therapy
management rules to concur
with practice changes
Late 2013
Consumers and licensed
pharmacists that conduct
Drug Therapy Management
Not Adopted
Pharmacy Board did not
believe it was necessary to
move to a hearing and no
amendments were adopted.
State Board of
Pharmacy
Amend Rule 8.00.10
regarding prescription
labeling
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To allow more flexibility in
labeling for centrally
processed prescriptions
1/1/13
Consumers and pharmacies
engaged in the central
processing of prescriptions
Adopted 1/1/13
NEW. Unanticipated rule.
No stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 10.00.00 to
implement HB 12-1311
regarding emergency kits
and starter doses
12-42.5-
118(5)(a)(III), CRS
To define “emergency kit”
and “starter dose” in rule.
1/1/13
Consumers and pharmacies
and long-term care facilities
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 12.00.32(a) to
update reference
requirements for nuclear
pharmacies
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To update reference
requirements for nuclear
pharmacies
1/1/13
Consumers and nuclear
pharmacies
Adopted 1/1/13
NEW. Unanticipated rule.
No stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 14.00.00 to
implement HB 12-1311
regarding the definition of
“Other outlets”
12-42.5-102(25),
CRS
To expand to the definition
of “Other outlets” to include
federally qualified health
centers, ambulatory surgery
centers, medical clinics
operated by hospitals, and
hospices
1/1/13
Consumers and federally
qualified health centers,
ambulatory surgery centers,
medical clinics operated by
hospitals, and hospices
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
Regulatory Agenda Report 2013 – Professions & Occupations
14
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Pharmacy
Amend Rule 15.01.11
regarding designated
representatives of
prescription drug
wholesalers
12-42.5-306(6), CRS
To extend the time
wholesalers have to submit
an application and fee to
change a designated
representative from 14 days
to 30
1/1/13
Prescription drug
wholesalers
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 15.10.14 to
implement HB 12-1311
regarding veterinary
prescription drug
wholesalers
12-42.5-118(3)(b),
CRS
to allow veterinary drug
wholesalers to accept
prescription orders verbally
and to have followed up with
written orders in some
instances
1/1/13
Consumers, farmers, feed
lot operators and veterinary
prescription drug
wholesalers
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
State Board of
Pharmacy
Appeal Rule 17.00.00
regarding electronic
transmission of prescription
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To remove outdated
requirements
1/1/13
Pharmacies and prescribing
practitioners
Adopted 1/1/13
NEW. Unanticipated rule. No
stakeholder comment
provided
State Board of
Pharmacy
Amend Rule 18.00.00 to
implement HB 12-1311 to
remove the Rehabilitation
Evaluation Committee
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To remove the Rehabilitation
Evaluation Committee
1/1/13
Consumers, pharmacists,
Colorado Peer Health
Assistance Diversion
Program
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 20.01.20
regarding the central
processing of prescriptions
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To allow more flexibility in
labeling centrally processed
prescriptions
1/1/13
Pharmacies engaged in the
central processing of
prescriptions
Adopted 1/1/13
NEW. Unanticipated rule. No
stakeholder comment
provided.
Regulatory Agenda Report 2013 – Professions & Occupations
15
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Pharmacy
Amend Rule 21.00.20(a) and
(b) regarding the
distribution of compounded
drugs from pharmacies
12-42.5-130(2), CRS
To clarify that only in-state
pharmacies may distributed
compounded drugs
1/1/13
Nonresident pharmacies, in-
state pharmacies,
practitioners with authority
to prescribe
Adopted 1/1/13
NEW. Unanticipated rule. No
stakeholder comment
provided.
State Board of
Pharmacy
Amend Rule 23.00.90
regarding the Prescription
Drug Monitoring Program
12-42.5-101, 12-
42.5-105,12-42.5-
106, CRS
To exempt reporting into the
Prescription Drug Monitoring
Program any dispensing
transaction related to an
FDA-approved investigational
study
9/14/13
Consumers, pharmacists and
pharmacies
Adopted
9/14/13
NEW. Unanticipated rule. No
stakeholder comment
provided.
State Board of
Pharmacy
Addition of Rule 24.00.00 to
implement HB 12-1133
regarding Confidential
Agreements
12-42.5-134, CRS
To allow for Board to enter
into Confidential Agreements
with licensees who have a
physical or mental condition
that would impact their
ability to practice pharmacy
with reasonable skill and
safety.
1/1/13
Consumers, pharmacists and
pharmacy interns
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
Regulatory Agenda Report 2013 – Professions & Occupations
16
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Pharmacy
Addition of Rule 25.00.00 to
implement HB 12-1133
regarding Specialized
Prescription Drug Outlets
12-42.5-118(4), CRS
To allow for and to specify
the requirements of
Specialized Prescription Drug
Outlets in order to allow
long-term care facilities to
maintain non-patient specific
drug stocks
1/1/13
Consumers, pharmacies and
long-term care facilities
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
State Board of
Pharmacy
Addition of Rule 26.00.00 to
implement HB 12-1133
regarding Remote Pharmacy
Practice
12-42.5-118(4), CRS
To allow for and to specify
the requirements of Remote
Pharmacy Practice
1/1/13
Consumers, and licensees
and pharmacies
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
State Board of
Pharmacy
Addition of Rule 27.00.00 to
implement HB 12-1133
regarding Hospital Satellite
Pharmacies
12-42.5-117(10),
CRS
To allow for and to specify
the requirements of Hospital
Satellite Pharmacies for
hospitals which maintain
drug stocks at a location
within 1 mile of the main
hospital
1/1/13
Consumers and hospital
pharmacies
Adopted 1/1/13
NEW. Unanticipated rule
due to sunset. No
stakeholder comment
provided.
State Board of
Psychologist
Examiners
Rule 3, Confidentiality of
Proceedings and Records of
the Board; and Rule 14,
Licensure by Examination
12-43-203,
12-43-227.5,
12-43-304, C.R.S.
Clarify licensure for
candidates; implement peer
services; clarify rule
regarding "holding therapy"
Summer 2013
Consumers, psychologist
applicants, psychologist
candidates, and licensed
psychologists.
Ongoing
Regulatory Agenda Report 2013 – Professions & Occupations
17
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Psychologist
Examiners
New rule re: jurisprudence
examination as part of
candidate status
requirements
12-43-203 and 304,
C.R.S.
Establish the jurisprudence
examination as part of
candidate status
requirements.
Summer 2013
Consumers, psychologist
applicants, psychologist
candidates, and some
expired licensees
Ongoing
State Board of
Registered
Psychotherapists
Rule 3, Confidentiality of
Proceedings and Records of
the Board
12-43-203,
12-43-227, C.R.S.
Clarify rules to ensure
consistency with statutory
language; implement peer
assistance; clarify rule
regarding "holding therapy."
Summer 2013
Consumers, psychotherapist
applicants, and registered
psychotherapists.
Ongoing
State Board of
Social Work
Examiners
Rule 3, Confidentiality of
Proceedings and Records of
the Board; Rule 14,
Licensure by Examination;
and Rule 18, Continuing
Professional Competence
12-43-203,
12-43-227,
12-43-404,
12-43-411, C.R.S.
Clarify licensure
requirements for candidates
and those seeking licensure
after revocation or
relinquishment; implement
peer services requirements;
consider a clarifying rule
regarding "holding therapy"
Summer 2013
Consumers, social work
applicants, licensed social
workers, and licensed
clinical social workers.
Ongoing
State Board of
Veterinary
Medicine
Rule I.A concerning animal
dentistry
12-64-105(9)(j) ,
C.R.S.
Address whether non-
veterinarians may engage in
animal dentistry.
Spring 2013
Consumers and licensed
veterinarians.
Adopted on
4/5/13, and
effective
5/30/13.
Stakeholders were
contacted and asked to
submit comments and
attend rulemaking.
Regulatory Agenda Report 2013 – Professions & Occupations
18
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Board of
Veterinary
Medicine
Rule I.B concerning “indirect
supervision”.
12-64-105(9)(j),
C.R.S.
Temporary rulemaking was
needed to remove this well
received rule by consumers
and veterinarians, and return
Rule I.B to its original format
since a conflict with statute
was discovered by the
Program Director.
Consumers and licensed
veterinarians.
Effective
2/8/13;
subsequent
change became
effective
5/30/13.
NEW—Unanticipated need
for rule because of statutory
conflict.
State Board of
Veterinary
Medicine
Rule I.E concerning “teeth
floating”.
12-64-105(9)(j),
C.R.S.
A new rule to define this
practice and make clear that
a non-veterinarian can only
perform it under the direct
supervision of a licensed
veterinarian.
Consumers, veterinarians,
and non-veterinarians.
Adopted 4/5/13,
and effective
5/30/13.
NEW—Unanticipated need
for rule
State Board of
Veterinary
Medicine
Rule I.B concerning “indirect
supervision” in response to
HB13-1311
12-64-105(9)(j),
C.R.S.
Re-introduce the Board’s
former rule allowing for
“indirect supervision” to
occur under limited
circumstances once the
conflict with the supervision
language contained within
the definition of “veterinary
premises” pursuant to 12-64-
103(17), C.R.S., was removed
through legislation passed in
2013 by the Colorado
Veterinary Medical Assoc.
Consumers and licensed
veterinarians.
Consumers and non-
licensed veterinarians
married to military
personnel.
Adopted on
8/1/13, and
effective
9/30/13.
NEW—Unanticipated rules
from legislation.
Regulatory Agenda Report 2013 – Professions & Occupations
19
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially Affected
(Positively or Negatively)
Status
-Adopted (Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
State Physical
Therapy Board
Add Rule 215 - Termination
of Practice upon Suspension
or Revocation
12-41-103.6(2)(b) ,
C.R.S.
Codify the procedures
governing licensees'
obligation to notify patients
when they no longer can
practice physical therapy.
Mid-2013
Consumers and licensed
physical therapists
Carry over
State Physical
Therapy Board
Add Rule 216 - Supervision
of Other Licensed Personnel
12-41-103.6(2)(b)
and 12-41-113(1) ,
C.R.S.
Specify the supervisory
provisions for other licensed
personnel
Mid-2013
Consumers and those
physical therapists who
work with other health care
licensed personnel in their
practices.
Carry over
Office of Speech-
Language
Pathology
Certification
Adopted New Rules 1 - 17,
which implements the new
Speech –Language
Pathology Practice Act.
House Bill 12-1303,
Regulates Speech-language
pathology in CO
All rules became
effective on May
15, 2013.
Consumers, Speech-
Language Pathologists,
children with disabilities,
schools, and all entities that
use SLPs.
Adopted May
15, 2013.
NEW. Unanticipated rules
from legislation.
Regulatory Agenda Report 2013 - Insurance
20
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Division of Insurance
Insurance
3-1-9, Minimum Reserve
Standards for Individual and
Group Health Insurance
Companies
10-1-108(8),
10-1-109,
10-16-109,
10-16-220, C.R.S.
Adopt model law/ regulation
changes promulgated by
National Association of
Insurance Commissioners
(NAIC).
January 1,
2013
Health Insurance
Companies/Carriers
Adopted
11/15/2012
and effective
01-01-2013
Insurance
3-2-1, Proxies, Consents and
Authorizations of Domestic Stock
Insurers
10-1-109, C.R.S.
Set forth certain requirements
for stock insurance companies
related to disclosure, proxies
and consents. This revision is
proposed to be amended to
update the format and remove
any out of date requirements.
February 1,
2013
Insurers/Health
Companies /Carriers
Ongoing
Rarely used, anticipate
amending regulation to be
effective 06/01/2014
(included in the 2014
Regulatory Agenda)
Insurance
3-2-2, Insider Trading of Equity
Securities of a Domestic Stock
Insurance Company
10-1-109, C.R.S.
Set forth certain requirements
for stock insurance companies
related to insider trading;
amend to update the format
and to remove any out of date
requirements.
February 1,
2013
Insurers/Health
Companies /Carriers
Ongoing
Rarely used and may not
be required. Anticipate
making decision on
whether to amend or
repeal to be effective
06/01/2014 (included in
the 2014 Regulatory
Agenda).
Insurance
2-1-2, Home or Regional Home
Office Qualification for Colorado
Licensed Insurers
10-3-209, C.R.S.
Provide filing requirements for
Regional Home Office
applications.
March 1, 2013
Insurance companies that
qualify for Regional Home
Office.
01/14/2013
Regulatory Agenda Report 2013 - Insurance
21
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
1-1-3, Rules Governing the Filing
of Declaratory Judgment
Petitions with the Colorado
Insurance Commissioner
10-1-109 and
24-4-105(11) , C.R.S.
Update regulation providing
for the
entertainment of petitions for
declaratory orders.
March 1, 2013
Consumers and Industry
On going
Included in the 2014
Regulatory Agenda
Insurance
6-1-1, Limiting Coverage
10-1-109, C.R.S.
Prescribe conditions to be met
by all insurers issuing policies,
riders, endorsements, and
amendments which limit the
coverage usually and normally
afforded.
March 1, 2013
Policy Holders, Insurers
In process and
ongoing.
Anticipate decision on
amendment, repeal or
replacement to be
effective 03/01/2014
(included in the 2014
Regulatory Agenda)
Insurance
Rating Standards for Major
Medical, Nonprofit
hospital/medical/surgical and
HMO plans
10-16-107,
10-16-109, C.R.S.
Provide guidance to carriers on
new requirements concerning
health care reform.
March 1, 2013
Insurance
companies/Carriers
Reg. 4-2-40
adopted
08/12/13
Reg. 4-2-39
adopted
08/13/2013
Reg. 4-2-46
adopted
10/08/2013
Consumer advocacy
groups and health carriers
were provided drafts of
the regulations in
anticipation of noticing
[external review];
Regulatory Agenda Report 2013 - Insurance
22
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
5-2-9, Personal Injury Protection
Examination Program (Repeal)
10-1-109 and
10-4-706, C.R.S.
Repeal rules pertaining to
Personal Injury Protection/
Independent Medical
Examinations (PIP/IME) as laws
sunset July 1, 2003.
March 1, 2013
Insurance Industry;
Division of Insurance and
consumers.
Not adopted.
Received AG opinion that
DOI must continue to have
PIP Exam program
available for anyone who
would qualify, i.e. be
eligible for payment of
claims for medical and
rehabilitation services. PIP
(no-fault) law repealed as
of 07/01/2003.
Insurance
1-2-6, Reinsurance
Intermediaries
10-2-104,
10-2-912,
10-2-1101, C.R.S.
Specify filing requirements for
licensure for reinsurance
intermediaries required to be
licensed by the DOI prior to
doing business in CO.
April 1, 2013
Reinsurance
intermediaries
Ongoing.
Included in the 2014
Regulatory Agenda.
Insurance
6-3-2, Concerning The Use of
Independent Contractors For
Informal Investigations and
Appeal Process For Expenses
10-1-109,
10-1-208, C.R.S.
Set requirements for using
independent contractors for
informal
investigations; provide process
to appeal expenses charged by
such contractors.
April 1, 2013
Producers/Agents/Brokers,
Carriers
Ongoing.
Included in the 2014
Regulatory Agenda.
Insurance
5-2-17, Private Passenger
Automobile Coverage Limitations
10-1-109 and
10-4-601(5) , C.R.S.
Prohibit insurers from reducing
available liability coverage
April 1, 2013
Colorado consumers, both
claimants and insureds.
Ongoing.
Anticipate promulgation
by 06/01/2014.
Regulatory Agenda Report 2013 - Insurance
23
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
1-1-7, Market Conduct Record
Retention
10-1-109, C.R.S.
Clarify definitions and
requirements regarding
retention, maintenance, and
access and retrievability of
entity records required for
market conduct purposes.
May 1, 2013
Regulated entities and
persons who need to know
what records are required
to be produced for
examinations.
Ongoing
Anticipate promulgation
by 06/01/2014. Included
in the 2014 Regulatory
Agenda.
Insurance
6-4-1, Privacy Of Consumer
Financial And Health Information
10-1-108,
10-1-109,
10-5-117,
10-16-109,
10-16-401(4)(o) ,
C.R.S.
Govern the treatment of
nonpublic personal health and
financial
information about individuals
by all
licensees of the CO DOI.
May 1, 2013
Insurance companies,
Health Care Providers,
Benefits Administrators,
Licensees, Consumers
Ongoing
Anticipate promulgation
by 09/01/2014. Included
in the 2014 Regulatory
Agenda.
Insurance
6-4-2, Standards for
Safeguarding Customer
Information
10-1-109,
10-16-109,
10-16-401(4)(o) ,
C.R.S.
Establish standards for
developing and implementing
administrative,
technical and physical
safeguards to protect the
security, confidentiality and
integrity of
customer information.
May 1, 2013
Insurance companies,
Health Care Providers,
Benefits Administrators,
Licensees, Consumers
Ongoing
Anticipate promulgation
by 09/01/2014. Included
in the 2014 Regulatory
Agenda.
Regulatory Agenda Report 2013 - Insurance
24
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
5-1-12, Concerning Warranties
and Service Contracts
10-1-109, C.R.S.
Establish a distinction between
a written agreement that is an
insurance contract and a
written agreement that meets
the definition of
a written warranty or service
contract, and is not subject to
regulation by the Division of
Insurance.
May 1, 2013
Consumers and
Warranty/Service Contract
issuers
Adopted
01/22/2013
and effective
04/01/2013.
Insurance
4-1-14, Military Sales Practices
10-1-109,
10-7-116, C.R.S.
Set forth standards to protect
active duty service members of
the United States Armed
Forces from dishonest and
predatory insurance sales
practices by
declaring certain identified
practices to be false,
misleading, deceptive or
unfair.
June 1, 2013
Producers/Agents/Brokers,
Insurance
Companies/Carriers,
Military personnel
Not adopted.
Changes not required.
Regulation consistent with
current NAIC model.
Regulatory Agenda Report 2013 - Insurance
25
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
1-1-9, Exceptions to Electronic
Rate Filings
10-1-109,
10-4-401,
10-16-107(1) , C.R.S.
Prescribe the format for
electronic rate filings with the
DOI, and set forth the
circumstances that would be
considered an emergency
exemption situation for
carriers.
June 1, 2013
Insurance
Companies/Carriers
Adopted
01/02/2013
and effective
04/01/2013.
Numerous meetings with
health carriers in early
2013 in anticipation of
filings for 2014.
Insurance
4-1-4, Replacement of Life
Insurance or Annuity Contracts
10-1-109,
103-1110(1) , C.R.S.
Regulate activities of insurers
and producers with respect to
the replacement of
existing life insurance and
annuities; protect interests of
life insurance and annuity
purchasers by establishing
minimum
standards of conduct to be
observed in replacement or
financed purchase
transactions; assure purchasers
receive adequate information
for decision making; reduce
opportunity for
misrepresentation
June 1, 2013
Insurance
Companies/Carriers,
Producers/Agents/Brokers,
Consumers
Adopted
01/22/2013
and effective
04/01/2013.
Regulatory Agenda Report 2013 - Insurance
26
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-1-15, Preneed Life Insurance
Minimum Mortality Standards
for Determining Reserve
Liabilities and Nonforfeiture
Values
10-1-109, and
10-7-313.7, C.R.S.
Establish minimum mortality
standards for preneed
products.
June 1, 2013
Industry
In process and
ongoing
Anticipate promulgation
of regulation for a March
1, 2014 effective date.
Included in 2014
Regulatory Agenda.
Insurance
1-2-9, Fees Charged by Producers
10-1-109, C.R.S.
Implement rules which prohibit
producers from charging
insurance applicants and
policyholders certain fees for
which they are already
compensated through
commissions; clarify which fees
may be charged.
June 1, 2013
Consumers
Producers and Insurance
companies/carriers
In process and
ongoing.
Anticipated promulgation
for effective date of
03/01/2014. Included in
2014 Regulatory Agenda.
Insurance
Concerning Preneed Contract
Sellers
10-15-112, C.R.S.
Specify the type of annuity
used to fund preneed funeral
contracts; require advisory
notifications to the consumer
about annuities.
June 1, 2013
Consumers; Insurance
companies, producers,
brokers, agents authorized
to sell annuities; and
preneed contract sellers
that use annuities to fund
preneed contracts.
On-going.
Follow-up to determine If
regulation needs to be
promulgated by
06/01/2014. Included in
2014 Regulatory Agenda.
Regulatory Agenda Report 2013 - Insurance
27
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
5-1-11, Mass Merchandising of
Property and Casualty Insurance
10-1-109, C.R.S.
Define mass merchandising of
insurance products and set
forth the guidelines for such
marketing; simplify the rule
and to remove out of date
and unnecessary requirements.
June 1, 2013
Insurers writing property
and casualty insurance,
consumers
Not adopted.
Anticipate promulgation
for effective date of
6/1/2014. Included in
2014 Regulatory Agenda.
Insurance
4-6-9,Concerning Conversion
Coverage (Repeal)
10-16-108, C.R.S.
Provide carriers with
consistent rules to follow.
July 1, 2013
Consumers and health
insurance
companies/carriers
Adopted
09/10/2013
for an
11/01/2013
effective date.
Circulated to consumer
advocacy groups and
insurance
companies/carriers prior
to noticing [external
review].
Insurance
1-1-2, Public Adjuster
Representation Contracts
10-1-109,
10-2-417, C.R.S.
Prevent unfair settlements of
claims by providing a 72 hour
“cooling off” period for
insureds suffering casualty
losses.
September 1,
2013
Consumers
In process – to
be repealed
effective 01-
01-2014.
Replaced by Regulations 1-
2-4, 1-2-10, and 1-2-19 to
be effective 01/01/2014.
New regulations circulated
to stakeholders prior to
noticing and for hearing.
Included in 2014
Regulatory Agenda.
Insurance
1-2-12, Concerning Public
Insurance Adjusters
10-1-109,
10-2-417,
10-3-1110, C.R.S.
Specify the terms and
conditions for licensing public
insurance adjusters, and define
public insurance adjuster.
September 1,
2013
Consumers, public
adjusters
In process –
effective 01-
01-2014.
Replaced by Regulations 1-
2-4, 1-2-10, and 1-2-19 to
be effective 01/01/2014.
Regulatory Agenda Report 2013 - Insurance
28
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-1-12, Concerning the
Disclosure Requirements for
Annuity Transactions
10-1-109,
10-3-1110, C.R.S.
Provide standards and
methods for disclosure of
certain minimum information
about annuity contracts to
protect consumers and foster
consumer education.
September 1,
2013
Consumers;
Producers/agents/brokers
and carriers
Not adopted.
Evaluating to determine
whether changes need to
be made to current rule.
Included in 2014
Regulatory Agenda.
Insurance
4-6-8, Concerning Small
Employer Health Plans
10-16-105, C.R.S.
Provide rules for carriers and
producers when selling and
issuing small group plans.
October 1,
2013
Small employer groups,
insurance
companies/carriers and
producers/agents/brokers
Adopted 08-
21-2013 for
effective date
of 10-15-2013.
Consumer Advocacy
groups and insurance
carriers provided draft for
external review prior to
noticing, and Division
received comments during
rulemaking which were
considered prior to
promulgation.
Insurance
4-6-12, Mandatory Coverage of
Mental Illnesses
10-16-104 (5) and
(5.5) , C.R.S.
Conform and harmonize state
law and regulation with federal
requirements.
October 1,
2013
Consumers seeking
coverage of health services
for mental health
conditions; all Payor
Claims Database under
CIVHC
Scheduled for
rulemaking
hearing on
11/15/2013 to
be effective
01/15/2014.
Consumer advocacy
groups and insurance
carriers provided draft for
external review prior to
noticing. Included in 2014
Regulatory Agenda.
Regulatory Agenda Report 2013 - Insurance
29
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-6-3, Concerning CoverColorado
Standardized Notice Form and
Eligibility Requirements (Repeal)
10-16-107,
10-16-109, C.R.S.
Specify standardized notice
requirements to notify
individuals of eligibility for
CoverColorado; establish
Insurance companies/carriers
will not have to pay the
CoverColorado assessment;
eliminate unclaimed property
fund.
January 1,
2014
Insurance
companies/carriers
Noticed for
hearing on
11/01/2013
for effective
date of
01/01/2014.
Repeal necessary due to
CoverColorado program
being closed to new
enrollees as of
12/15/2013. Included in
2014 Regulatory Agenda.
Insurance
4-6-11, CoverColorado
Standardized Notice Form To Be
Used to Notify Certain
Individuals, Eligible for Medicare,
Eligibility for CoverColorado
(Repeal)
10-16-107,
10-16-109, C.R.S.
Standardize notice
requirements to be used to
notify
certain individuals, eligible for
Medicare, of their eligibility for
a CoverColorado coordination
plan; establish Insurance
Companies/carriers will not
have to pay the CoverColorado
assessment; eliminate
unclaimed property fund.
January 1,
2014
Insurance
Companies/carriers
Noticed for
hearing on
11/01/2013
for effective
date of
01/01/2014.
Repeal necessary due to
CoverColorado program
being closed to new
enrollees as of 12/1/2013.
Included in 2014
Regulatory Agenda.
Insurance
4-2-28, Payment of Early
Intervention Services for Children
Eligible for Benefits Under Part C
of the Federal "Individual with
Disabilities Education Act"
(Revisions)
10-16-104(1.3) , C.R.S.
Provide carriers with rules to
follow when using the CO
Dept. of Human Services trust
payment process for the early
intervention mandated
coverage.
TBD
Families with children
requiring early
intervention services and
the State of CO as it funds
the federally required
early intervention services
not covered by the trust
funds. Health carriers.
Being noticed
for rulemaking
hearing on
11/15/2013 to
be effective
01/15/2014.
Consumer advocacy
groups and insurance
carriers provided draft for
external review prior to
noticing of regulation for
rulemaking hearing.
Included in 2014
Regulatory Agenda.
Regulatory Agenda Report 2013 - Insurance
30
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
1-2-4, Concerning Education
Requirements for Licensed
Insurance Producers
10-1-109, 10-2-104,
10-2-301, 10-19-
113.7, C.R.S.
Add education requirements
for public adjusters to existing
regulation for other insurance
producers
Public adjusters, insurance
companies, consumers
Adopted
9/23/2013,
effective
1/1/2014.
Draft amendments
provided to stakeholders
including public adjuster
organizations and
property and casualty
carrier associations prior
to noticing for hearing.
Insurance
1-2-10, Concerning the
Regulation of Insurance
Producers and Public Adjusters
by the Colorado Division of
Insurance
10-1-109, 10-2-104,
10-2-407, 10-2-413,
10-2-417, 10-16-414,
C.R.S.
Establish terms and conditions
for insurance producers
including public adjusters.
Public adjusters, insurance
companies
Adopted –
9/23/2013,
effective
1/1/2014.
NEW – Amendments
necessary because of the
adoption of HB 13-1062.
Draft amendments
provided to stakeholders
including public adjuster
organizations and
property and casualty
carrier associations prior
to noticing for hearing.
Regulatory Agenda Report 2013 - Insurance
31
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
1-2-19, Contract and Record
Retention Rules for Public
Adjusters
10-1-109, 10-2-417,
C.R.S.
Set forth requirements and
standards for contracts
between a public adjuster and
an insured, for retention of
records by a public adjuster,
and for evidence of financial
responsibility of a public
adjuster through a surety bond
executed and issued by an
insurer.
Public adjusters, insurance
companies, consumers
Adopted
9/28/13,
effective
1/1/2014.
NEW –Amendments
necessary because of the
adoption of HB 13-1062.
Draft amendments
provided to stakeholders,
including public adjuster
organizations and
property and casualty
carrier associations prior
to noticing for hearing.
Insurance
3-1-7, Regulation to Define
Standards and Commissioner’s
Authority for Companies
Deemed to be In Hazardous
Financial Condition
10-1-109, 10-3-
201(1)(b), 10-6-129,
10-14-505, 10-16-109,
C.R.S.
Set forth the standards used to
identify financially at-risk
insurers.
Insurance companies,
consumers
Adopted
3/11/2013,
effective
5/1/2013.
NEW—unanticipated
legislation.
Insurance
3-1-11, Risk-Based Capital for
Insurers
10-1-109, 10-3-
201(1)(b), 10-6-129,
10-14-604, C.R.S.
Establish standards for the
minimum capital and surplus
requirements to be maintained
by insurers, captive insurers,
and fraternal benefit societies.
Insurance companies,
captive insurers, fraternal
benefit societies.
Adopted
6/14/2013,
effective
8/1/2013.
NEW—unanticipated
legislation.
Regulatory Agenda Report 2013 - Insurance
32
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
3-1-12, Risk-Based Capital for
Health Organizations
10-16-301(3), 10-16-
411(2), C.R.S.
Establish standards for the
minimum capital and surplus
requirements to be maintained
by health organizations.
Health organizations
including insurance
companies and health
maintenance
organizations.
Adopted,
6/14/2013,
effective
8/1/2013.
NEW—unanticipated
legislation.
Insurance
3-5-3, Concerning Certificate of
Taxes Due – Alternative
Documentation Permitted
10-1-109, 10-11-122,
C.R.S.
Set requirements for
alternative documentation
which can be relied on during
the period when county
treasurers are certifying tax
rolls.
Title insurers, title
agencies, consumers
Adopted
8/9/2013,
effective
10/1/2013
NEW -- Regulation
necessary because of the
adoption of SB13-119.
Draft regulation provided
to title insurers, title
insurance association, and
Division’s Title Advisory
Council prior to hearing.
Insurance
4-2-1, Replacement of Individual
Accident and Sickness Insurance
10-1-109, 10-3-1110,
C.R.S.
Amend regulation to align with
requirements of federal law
and HB13-1266
Health insurers,
consumers
Adopted
9/0/13,
effective
11/1/2013
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing.
Regulatory Agenda Report 2013 - Insurance
33
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-2-2, Hospital Indemnity and
Disability Income Policies
10-1-109, 10-16-109,
C.R.S.
Update regulation to align with
requirements of federal law
and HB13-1266, and correct
statutory references
Health insurers,
consumers
Adopted 10-8-
2013, effective
12/1/2013
NEW – Regulation
updated to align with
requirements of federal
law and HB13-1266
including correction of
statutory references due
to substantial revisions to
health insurance statutes.
Insurance
4-2-3, Advertisements of
Accident and Sickness Insurance
10-1-109, 10-3-1110,
C.R.S.
Update regulation to align with
requirements of federal law
and HB13-1266, correct
statutory references, and
update provisions
Health insurers,
consumers
Adopted
8/12/2013,
effective
10/1/2013
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-9, Concerning Non-
Discriminatory Treatment of
Acquired Immune Deficiency
Syndrome (AIDS) and Human
Immunodeficiency Virus (HIV)
Related Illness by Life and Health
Carriers
10-1-109, 10-3-
1104(30(d)(II), 10-3-
1110, C.R.S.
Update regulation to align with
requirements of federal law
and HB13-1266, correct
statutory references, and
update provisions
Health insurers,
consumers
Adopted
9/23/2013,
effective
11/15/2013
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing.
Regulatory Agenda Report 2013 - Insurance
34
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-2-11, Rate Filing Submissions
for Health Insurance
10-1-109, 10-3-1110,
10-16-107, 10-16-109,
10-18-105(2), C.R.S.
Establish health insurance
premium rate filing
requirements.
Health insurers,
consumers
Adopted
11/23/2012,
effective
2/1/2013
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-11, Rate Filing Submissions
for Health Insurance, Limited
Benefit Plans, Excess Loss
Insurance, Sickness and Accident
Insurance, Other Than Health
Benefit Plans
101-1-109, 10-3-1110,
10-16-107, 10-16-109,
10-18-105(2), C.R.S.
Ensure that health insurance
rates on limited benefit plans,
excess loss insurance, sickness
and accident insurance, other
than health benefit plans, by
establishing the requirements
for rate filings.
Health insurers,
consumers
Adopted
8/9/2013,
effective
10/1/2013
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-17, Prompt Investigation of
Health Claims Involving
Utilization Review and Denial of
Benefits and Rules Related to
Internal Claims and Appeals
Processes
10-1-109, 10-3-1110,
10-16-109, 10-16-
113(2) and (10), C.R.S.
Update guidelines for carrier
compliance with utilization and
internal claim review
processes, including
rescissions, cancellations and
denial of coverage based on an
eligibility determination; align
with federal law, HB13-1266
Health insurers,
consumers
Adopted
10/8/2013,
effective
12/1/2013
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing
Regulatory Agenda Report 2013 - Insurance
35
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-2-20, Concerning the Colorado
Supplement to the Summary of
Benefits and Coverage Form
10-1-109, 10-16-
108.5(11)(b), 0-16-
109, C.R.S.
Update requirements for
Colorado Supplement to the
federally required Summary of
Benefits and Coverage.
Update regulation to align with
federal law and HB 13-1266
and correct statutory
references.
Health insurers,
consumers
Adopted
9/10/2013,
effective
11/1/2013
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-21, External Review of
Benefit Denials of Health
Coverage Plans
10-1-109, 10-16-109,
10-16-113.5(4)(d),
C.R.S.
Update standards for external
review process of denied
health insurance claims.
Update regulation to align with
federal law and HB13-1266 and
correct statutory references.
Health insurers,
consumers
Adopted
10/8/2013,
effective
12/1/2013
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-22, REPEAL, Insurer
Assessments for CoverColorado
10-1-109, 10-8-520,
10-8-530(1.5), C.R.S.
Repeal regulation on insurer
assessments for CoverColorado
due to program’s termination.
Health insurers, self-
funded employer health
plans, consumers,
CoverColorado members
Adopted
10/8/2013,
effective
1/1/2014
NEW -- Health insurer’s
association and consumer
advocacy organization
provided draft of
amendments prior to
noticing regulation for
hearing.
Regulatory Agenda Report 2013 - Insurance
36
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-2-23, Procedure for Provider-
Carrier Dispute Resolution
10-1-109, 10-3-1110,
10-16-109, 10-16-708,
C.R.S.
Update regulation on provider-
carrier dispute resolution
requirements to align with
federal law and HB13-1266,
and correct statutory
references.
Health insurers, consumer,
health care providers
Adopted
10/22/201,
effective
12/15/2013.
NEW -- Health insurer’s
association, consumer
advocacy organizations,
and health care provider
groups provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-29, Concerning the Rules for
Standardized Cards Issued to
Persons Covered by Health
Benefit Plans
10-1-109, 10-16-135,
C.R.S.
Update regulation on
standardized cards issued to
consumers to align with
federal law and HB 3-1266, and
correct statutory references.
Health insurers,
consumers, health care
providers
Adopted
10/22/2013,
effective 12-
15/2013.
NEW -- Health insurers
association, consumer
advocacy organizations,
and provider groups
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-30, Concerning the Rules for
Complying with Mandated
Coverage of Hearing Aids and
Prosthetics
10-1-109, C.R.S.
Update regulation on
mandated coverage of hearing
aids and prosthetics to align
with federal law and HB13-
1266, and correct statutory
references.
Health insurers,
consumers, health care
providers
Adopted
10/22/2013,
effective
12/15/2013.
NEW -- Health insurers
association, consumer
advocacy organizations,
and provider groups
provided draft prior to
noticing hearing.
Regulatory Agenda Report 2013 - Insurance
37
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-2-31, Annual Health Reporting
and Data Retention
Requirements
10-1-109, 10-3-109,
10-16-111(4), 10-16-
119(3), 10-16-134,
C.R.S.
Update regulation to
incorporate limitations on
carriers required to report.
Health insurers
Adopted
9/23/2013,
effective
11/15/2013
NEW – Regulation
updated due to enactment
of HB13-1223.
Insurance
4-2-37, Required Information for
Carriers to Obtain on All Full-
Length Applications for Individual
Health Benefit Plans
10-1-109, 10-16-
105.2(1.5), C.R.S.
Amend regulation to align with
federal law and HB 13-1266,
and correct statutory
references.
Health insurers,
employers, consumers
Adopted
9/10/2013,
effective
11/1/2013
*NEW -- Health insurers
association, and consumer
advocacy organizations,
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-39, Concerning Premium
Rate Setting for Individual, Small
and Large Group Health Benefit
Plans
10-1-109(1), 10-16-
104.9, 10-16-107, 10-
16-109, C.R.S.
Provide guidance to carriers to
implement the requirements
of HB 13-1266.
Health insurers,
consumers
Adopted
8/13/13,
effective
10/1/2013.
NEW -- Health insurer's
association and consumer
advocacy organizations
provided draft of
regulation prior to
noticing regulation for
hearing.
Regulatory Agenda Report 2013 - Insurance
38
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-2-40, Concerning the Elements
of Certification for Certain
Limited Benefit Plans, Credit Life
and Health, Preneed Funeral
Contracts, Excess Loss Insurance
Forms, and Sickness and
Accident Insurance, Other than
Health Benefit Plans
10-1-109(1), 10-3-
1110, 10-15-
105(1)(b)(I),(II), (III),
10-16-109, 10-16-
107(2), 10-16-
107.2(1),(2),(3), 10-
16-107.3(1)(b), 0-16-
119(1), C.R.S.
Set rules applicable to the filing
of new policy forms, new
policy form listings, annual
reports of policy forms, and
certifications of policy forms
and contracts, other than
health benefit forms.
Health insurers,
consumers
Adopted
8/12/13,
effective
10/1/2013.
NEW -- Health insurer’s
association and consumer
advocacy organizations
provided draft of
regulation prior to
noticing regulation for
hearing.
Insurance
4-2-41, Concerning the Elements
for Form Filings for Health
Benefit Plans and Certain Dental
Coverage Forms and Contracts
10-1-109(1), 10-3-
1110, 10-16-107.2(3),
10-16-107.3(1)(b), 10-
16-109, C.R.S.
Set rules applicable to the form
filing requirements for health
benefit plans and stand-alone
pediatric dental plans.
Health benefit plans,
dental plans, consumers
Adopted
8/12/2013,
effective
10/1/2013.
NEW -- Health insurers
association, and consumer
advocacy organizations,
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-42, Concerning Essential
Health Benefits
10-1-109, 10-16-
103.4, 10-16-109,
C.R.S.
Establish rules for the required
inclusion of the essential
health benefits in individual
and small group plans, to align
with federal law and HB13-
1266.
Health benefit plans,
dental plans, consumers,
health care providers
Adopted
8/9/2013,
effective
10/1/2013
NEW -- Health insurers
association, consumer
advocacy organizations,
and provider groups
provided draft prior to
noticing regulation for
hearing.
Regulatory Agenda Report 2013 - Insurance
39
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-2-43, Enrollment Periods
Relating to Individual and Group
Health Benefit Plans
10-1-109, 10-16-
105(2)(b), 10-16-
105.7(3)(c), 10-16-
109, C.R.S.
Establish rules governing
enrollment periods for
individual and group health
benefit plans in accordance
with federal law and HB 13-
1266.
Health benefit plans,
dental plans, consumers,
health care providers
Adopted
9/20/2013,
effective
11/1/2013
NEW -- Health insurers
association, consumer
advocacy organizations,
and provider groups
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-44, Transition of Individual
Health Benefit Plans, Basic and
Standard Health Benefit Plans,
Business Group of One Plans, and
Conversion Plans
10-1-109, 10—16-
105.1(6)(b)(I), 10-16-
105(7.2)(2012), 0-16-
105.7(7)(1)(e), 10-16-
105.7(3)(c), 10-16-
109, C.R.S.
Set rules for the transition of
policyholders covered under
individual health benefit plans,
basic and standard health
benefit plans, business group
of one plans, and conversion
plans to the appropriate
individual or small group
health benefit plan in
accordance with HB 13-1266 to
align with federal law.
Health benefit plans,
dental plans, consumers
Adopted
9/10/2013,
effective
11/1/2013
NEW -- Health insurers
association, and consumer
advocacy organizations,
provided draft of
amendments prior to
noticing regulation for
hearing.
Insurance
4-2-45, Uniform Individual and
Small Group Health Benefit Plan
Applications
10-1-109, 10-16-
107.5(1), 01-16-109,
C.R.S.
Set the uniform applications
for use by individual and small
group health benefit plans.
Health benefit plans,
dental plans, small
employers, consumers
Effective
10/15/2013
NEW –Association and
consumers provided draft
prior to for hearing.
Regulatory Agenda Report 2013 - Insurance
40
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-2-46, Concerning Premium
Rates Setting for Grandfathered
Individual, Small Group, and
Large Group Health Benefit Plans
and Student Health Coverage
10-1-109(10, 10-16-
107, 10-16-109, C.R.S.
Establish and implement rules
for setting premiums for
grandfathered individual, small
group and large group plans.
Health benefit plans,
student plans, consumers
Adopted
10/8/2013,
effective
12/1/2013
NEW -- Health insurer’s
association and consumer
advocacy organizations
provided draft of
regulation prior to
noticing regulation for
hearing.
Insurance
4-4-4, Concerning Long-Term
Care Partnership Program
10-1-109, 25.5-1-303,
C.R.S.
To update the rules and assist
in the development of the
Colorado Long-Term Care
Partnership Program.
Long term care insurance
providers, consumers
Adopted
12/11/2012,
effective
2/1/2013
NEW -- Long term care
insurance producers were
provided a draft of
amendments prior to
noticing the regulation for
hearing.
Insurance
4-6-5, Concerning Small
Employer Group Health Benefit
Plans, the Basic and Standard
Health Benefit Plans, and
Preventive Services
10-1-109, 10-16-
105(7.2), 10-16-
108.5(8), 10-16-109,
C.R.S.
Incorporate requirements of
federal law and align state
requirements with federal law
and HB 13-1266, correct
statutory references and
update regulation.
Health insurers,
consumers, providers
Adopted
9/10/2013,
effective
11/1/2013
NEW -- Health insurers
association, consumer
advocacy organizations,
and provider groups
provided draft of
amendments prior to
noticing regulation for
hearing.
Regulatory Agenda Report 2013 - Insurance
41
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
4-9-2, Credit Insurance
10-1-109, 101-10-
109(2.5)(c), 10-10-
114, C.R.S.
Update regulation to
implement component rating
and provide standards to
enforce statutory
requirements on credit
insurance.
Consumers, credit insurers
Adopted
11/15/2012,
effective
1/1/2013.
NEW – regulation updated
to establish rates and
components for 2013.
Insurance
4-9-2, Credit Insurance
10-1-109, 10-10-
109(2.5)(c), 10-10-
114, C.R.S.
Update regulation to
implement component rating
and provide standards to
enforce statutory
requirements on credit
insurance.
Consumers, credit insurers
Adopted
10/8/2013,
effective
1/1/2014.
NEW – Regulation
updated to establish rates
and components for 2014.
Insurance
5-1-18, Concerning the Elements
of Certification for Certain
Property and Casualty, Credit,
and Excess Loss Forms and
Contracts
10-1-109, 10-3-1110,
10-4-419, 10-4-633,
10-4-633.5, 10-10-
109, and 10-16-109,
C.R.S.
Update regulation to conform
to Secretary of State
formatting and generally
update regulation.
Property and casualty
insurance carriers
Adopted
8/9/2013,
effective
10/1/2013
NEW – Regulation
updated to accommodate
changes made in other
regulations.
Insurance
5-3-3, Concerning Workers’
Compensation Deductible
Policies in Excess of $10,000
10-1-109(1) and (2),
C.R.S.
Increase large deductible
amount from $5,000 to
$10,000 and make other
changes to update regulation.
Workers’ compensation
insurance carriers,
employers
Adopted
8/9/2013,
effective
10/1/2013
NEW -- Regulation
updated to accommodate
changes made in other
regulations.
Regulatory Agenda Report 2013 - Insurance
42
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
5-3-5, Workers’ Compensation
Deductible Reimbursement
8-44-111 and 10-1-
109, C.R.S.
Raise deductible for reporting
of losses from $5,000 to
$10,000 and other changes to
update regulation.
Workers’ compensation
insurance carriers,
employers
Adopted
8/9/2013,
effective
10/1/2013
NEW -- Regulation
updated to accommodate
changes made in other
regulations.
Insurance
6-5-1, Concerning the Reporting
of Suspected Insurance Fraud
10-1-109, 0-4-1003,
C.R.S.
Update regulation to reflect
statutory changes.
Insurance companies,
secondary reporting
entities
Adopted
9/3/2013,
effective
11/1/2013
NEW – Regulation
updated due to enactment
of HB13-1262.
Insurance
13-E-01, Emergency Regulation,
Rate Filing Submissions for
Limited Benefit Plans, Stop Loss
Insurance, Sickness, and Accident
Insurance, Other than Health
Benefit Plans
10-1-109, 10-3-1110,
10-16-107-10-16-109,
10-105(2), C.R.S.
To implement the
requirements of HB 13-1266 to
ensure that health insurance
rates on limited benefit plans,
stop loss insurance, sickness
and accident insurance, other
than health benefit plans are
filed in accordance with the
requirements for rate filings.
Insurance carriers,
consumers
Adopted
6/14/2013,
effective
6/15/2013.
NEW – Emergency
regulation due to
enactment of HB13-1266.
Insurance
13-E-02, Emergency Regulation,
Concerning Premium Rate
Setting for Individual, Small and
Large Group Health Benefit Plans
10-1-109(1), 10-16-
104.9, 10-16-107, and
10-16-109, C.R.S.
To implement the
requirements of HB13-1266
with regard to rate filing
requirements for health
benefit plans.
Insurance carriers,
consumers
Adopted
6/20/2013,
effective
6/20/2013.
NEW – Emergency
regulation due to
enactment of HB13-1266.
Regulatory Agenda Report 2013 - Insurance
43
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
13-E-03, Emergency Regulation,
Advertisements of Accident and
Sickness Insurance
10-1-109, 10-3-1110,
C.R.S.
To establish minimum criteria
to assure proper and accurate
description and to protect
prospective purchasers with
respect to the advertisement
of accident and sickness
insurance.
Health insurance carriers,
consumers
Adopted
6/20/2013,
effective
6/20/2013.
NEW – Emergency
regulation due to
enactment of HB13-1266.
Insurance
13-0E-04, Emergency Regulation,
Concerning the Elements of
Certification for Certain Property
and Casualty, Credit and Excess
Loss Forms and Contracts
10-1-109, 10-3-1110,
10-4-419, 10-4-633,
10-4-633.5, 10-10-
109, 10-16-119, C.R.S.
To establish rules for filing of
property and casualty and
credit forms and contract that
include, but are not limited to
Family Medical Leave Act,
unemployment, credit
property, excess loss insurance
new policy forms, new policy
form listings, annual reports of
policy forms, and certifications
of policy forms.
Property and casualty,
credit and excess loss
carriers
Adopted
6/18/2013,
effective
6/18/203.
NEW – Emergency
regulation due to
enactment of HB13-1266.
Regulatory Agenda Report 2013 - Insurance
44
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
13-E-05, Emergency Regulation,
Concerning the Elements of
Certification for Certain Limited
Benefit Plans, Credit Life and
Health, Preneed Funeral
Contracts, Excess Loss Insurance
Forms, and Sickness and
Accident Insurance, other than
Health Benefit Plans
10-1-109(1), 10-3-
1110, 10-15-
105(1)(b)(I),(II),(III),10-
16-109, 10-16-107(2),
10-16-107.2(1),(2)(3),
10-16-107.3(1)(b), 10-
16-119, C.R.S.
Establish rules for the filing of
new policy forms, new policy
form listings, annual reports of
policy forms, and certification
of policy forms and contracts,
other than health benefit plan
forms.
Carriers
Adopted
6/20/2013,
effective
6/20/2013.
NEW – Emergency
regulation due to
enactment of HB13-1266.
Insurance
13-E-06, Emergency Regulation,
Concerning Essential Health
Benefits
10-1-109, 10-16-
103.4, 10-16-109,
C.R.S.
Establish rules for the required
inclusion of the essential
health benefits in the
individual and small group
health benefit plans in
alignment with federal law and
HB13-1266.
Health insurance carriers,
consumers, providers
Adopted
6/25/2013,
effective
6/25/2013.
NEW – Emergency
regulation due to
enactment of HB 13-1266.
Insurance
13-E-07, Emergency Regulation,
Concerning the Elements for
Form Filings for Health Benefit
Plans and Certain Dental
Coverage Forms and Contracts
10-1-109(1), 10-3-
1110, 10-16-107(2.3),
10-16-107.3(1)(b), 10-
16-109, C.R.S.
Establish rules applicable to
form filing requirements for
health benefit plans and stand-
alone dental plans in alignment
with federal law and HB113-
1266.
Health and dental
insurance carriers,
consumers, providers
Adopted
6/28/2013,
effective
6/28/2013.
NEW – Emergency
regulation due to
enactment of HB 13-1266.
Regulatory Agenda Report 2013 - Insurance
45
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
13-E-08, Emergency Regulation,
Concerning the Elements of
Certification for Certain Forms
and Contracts
10-1-109, 10-4-419,
10-4-633, 10-4-633.5,
10-15-105, 10-16-
102(2), 10-16-107(2),
10-16-107.2, 10-16-
107.3, 10-16-119,
C.R.S.
Establish rules applicable to
the filing of new policy forms,
new policy form listings,
annual reports of policy forms,
and certifications of policy
forms.
Carriers, consumers
Adopted
6/28/2013,
effective
6/28/2013.
NEW – Emergency
regulation due to
enactment of HB13-1266.
Insurance
13-E-09, Emergency Regulation,
Enrollment Periods Relating to
Individual and Group Health
Plans
10-1-109, 10-16-
105(2)(b), 10-16-
105.7(3)(c), 10-16-
109, C.R.S.
Establish rules governing
enrollment periods for
individual and group health
benefit plans to align with
federal law and HB13-1266.
Health and dental Carriers,
consumers
Adopted
7/5/2013,
effective
7/5/2013.
NEW – Emergency
regulation due to the
enactment of HB 13-1266.
Insurance
13-E-10, Emergency Regulation,
Transition of Individual Health
Benefit Plans, Basic and Standard
Health Benefit Plans, Business
Groups of One Plans, and
Conversion Plans
10-1-109,10-16-
105.1(6)(b)(I), 0-16-
105(7.2)[2012], 10-16-
105.7(1)€, 0-16-
105.7(3)(c), and 10-
16-109, C.R.S.
Establish rules for transition of
policyholders covered by
individual health plans issued
March 23, 2010 - December
31, 2013, basic and standard
plans, business group of one
health benefit plans, and
conversion coverage plans to
the appropriate individual or
small group plans
Health and dental carriers,
small businesses, Business
groups of one, consumers
Adopted
7/5/2013,
effective
7/5/2013.
NEW – Emergency
regulation due to the
enactment of HB13-1266.
Regulatory Agenda Report 2013 - Insurance
46
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated
Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including Stakeholder
Meetings, etc.,)
Insurance
13-E-11, Emergency Regulation,
Concerning Premium Rate
Setting for Grandfathered
Individual, Small Group, Large
Group Health Benefit Plans, and
Student Health Coverage
10-1-109(1), 10-16-
107, 10-16-109 [2012]
Establish and implement rules
for setting premiums for
grandfathered individual, small
group and large group plans.
Health and dental carriers,
employers, consumers
Adopted
9/16/2013,
effective
9/16/2013.
NEW – Emergency
regulation due to the
enactment of HB 13-1266.
Regulatory Agenda Report 2013 – Public Utilities Commission
47
Division
Board/Program
Proposed New Rules or
Revisions to Existing
Rules
Statutory or Other
Basis
Purpose
Contemplated Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or
Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including
Stakeholder
Meetings, etc.,)
Public Utilities Commission
Telecom
4 CCR 723-2
Telecom
Regulatory Reform
Effort 40-15 et al
Continue the Commission's
telecom reform by making
changes to the regulatory
scheme for competitive
areas of the state;
managing the high cost
fund; and updating the
rates for intrastate access
charges. Also the rules
capped the intrastate
access charges. All
interested stakeholders
participated in this
rulemaking as well as
through the legislative
process and a prior
investigatory proceeding.
Prior to December 31, 2013
Telecommunications
providers in CO;
telecommunications
customers.
Adopted:
Effective in
June 2013.
Proceeding No.
12R-0862T made
revisions to the
telecommunications
rules to define
effective
competition areas
and to design a
lesser regulatory
scheme for those
areas.
Regulatory Agenda Report 2013 – Public Utilities Commission
48
Division
Board/Program
Proposed New Rules or
Revisions to Existing
Rules
Statutory or Other
Basis
Purpose
Contemplated Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or
Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including
Stakeholder
Meetings, etc.,)
Telecom
4 CCR 723-2-2800-2819
Low Income
Telephone
Assistance
40-3.4; 40-3-106
and 40-15-503.5,
CRS
Statutory change based on
new national eligibility
criteria.
Prior to October 31, 2013
DHS; Customers of
LITAP; and carriers who
provide the service.
Adopted:
Effective
November
2013.
SB13-194 Repealed
the Low Income
Telephone
Assistance Program.
A NOPR was issued
July 15, 2013 in
Proceeding No.
13R-0801T to
remove the LITAP
rules. Extensive
outreach was
accomplished by
DHS and the local
carriers.
Telecom
4 CCR 723-2-2187
Universal Service
Fund - Eligibility
Criteria
Revision of reporting
information and changes
to the designation of
telecom carriers for the
federal high cost funding
and low income funding
due to 2011-2012 federal
reform decisions.
Prior to November 30, 2013
Telecom providers who
apply for ETC status or
are currently receiving
federal funding.
No longer
needed.
Review of the
federal eligibility
criteria as approved
by the federal OMB
negated the need to
revise PUC rules.
Regulatory Agenda Report 2013 – Public Utilities Commission
49
Division
Board/Program
Proposed New Rules or
Revisions to Existing
Rules
Statutory or Other
Basis
Purpose
Contemplated Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or
Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including
Stakeholder
Meetings, etc.,)
Rail
4 CCR 723-7
Adopt changes
from Colorado
Transportation
Commission and
streamlining
Revise Railroad rules to
incorporate new Manual
on Uniform Traffic Control
Devices (MUTFCD) cities
and definitions adopted by
the CO Transportation
Commission; clarify
Commission procedures.
Notice of Proposed Rule expected
3rd quarter of 2013
Railroads; some Rail
Fixed Guideway
systems; road
authorities including
CDOT, counties, cities
and towns.
Not begun.
Rulemaking did not
occur in 2013 due
to increase in the
number of rail
applications filed.
Transportation
4 CCR 723-6 (Revision)
Regulation of
Transportation
Service by Motor
Vehicles
Amendments to existing
rules in the areas of public
safety, public interest and
consumer protection, and
efficiency of processes.
Repeal of rules that are
duplicative or
unnecessarily burdensome.
Effective rules expected end of
11/13
Regulated motor
carriers
Ongoing-
Commission
deliberated
9/17. Issued
10/10. RRR
filed 10/30
Public comment
accepted at
multiple rulemaking
hearings.
Thousands of
written public
comments in the
record.
Gas Utilities and
Pipeline
Operators
4 CCR 723-4 (Revision)
Adopt changes
from the federal
Office of Pipeline
Safety, a unit of
the Pipeline and
Hazardous
Materials Safety
Administration
Revise gas pipeline safety
rules to incorporate
changes made to the
federal Pipeline safety
regulations and delete the
definition of 'immediate
repair' as not necessary.
Rules were adopted and became
effective August 2013
Natural Gas Utilities
Finalized and
effective 8/13
Public comments
accepted, but only
comments were
from Xcel Energy
Regulatory Agenda Report 2013 – Public Utilities Commission
50
Division
Board/Program
Proposed New Rules or
Revisions to Existing
Rules
Statutory or Other
Basis
Purpose
Contemplated Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or
Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including
Stakeholder
Meetings, etc.,)
Electric Utilities
4 CCR-723-3 (Revision)
Adopt changes
required by SB13-
282 – Medical
Exemption from
Tiered Electric Rate
Plans
40-3-103.5, CRS
Exempt certain medically
qualified customers from
tiered electric rates or
inverted block rates.
Effective date expected mid 12/13
unless exceptions filed.
Residential customers
with multiple sclerosis,
epilepsy, quadriplegia
or paraplegia or the
need for the use of an
essential life support
device; Electric Utilities
with tiered rate plans.
Recommended
rules issued
10/23/13.
Exceptions not
expected
Public oral and
written comments
received at 8/15
rulemaking hearing
Electric Utilities
4 CCR 723-3 (Revision)
Adopt changes
required by SB13-
252 – Renewable
Energy Standard
40-2-124, CRS
Expand the list of eligible
energy resources to
include methane from coal
mines and synthetic gas
through pyrolysis of
municipal solid waste. Also
eliminate the requirement
that a resource must be
located in Colorado to
qualify for the 'multiplier'.
Codify the requirement for
wholesale utilities to
report compliance with the
electric resource standard.
NOPR issued August 21, 2013.
Rulemaking on-going
Electric Utilities;
Qualifying Retail
Utilities; Cooperative
Electric Associations;
Environmental
Associations;
Generation and
Transmission
Associations
Ongoing
Hearing and public
comment held
before ALJ in Mid-
October. Also
accepted written
comments from
public.
Regulatory Agenda Report 2013 – Public Utilities Commission
51
Division
Board/Program
Proposed New Rules or
Revisions to Existing
Rules
Statutory or Other
Basis
Purpose
Contemplated Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or
Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including
Stakeholder
Meetings, etc.,)
Electric Utilities
4 CCR 723-3 (Revision)
Adopt changes
required by HB13-
1292 – Best Value
Employment
Metrics
40-2-129, CRS
Include Commission
consideration of best value
employment metrics in
requests for a certificate of
public convenience and
necessity for the
construction or expansion
of generating facilities
including pollution control
or fuel conversions
NOPR to be proposed to Commission
4
th
quarter of 2013
Electric Utilities;
Generation and
Transmission
Associations; utility
construction workers
Ongoing -Draft
rules provided
to Commission
Commission
approved NOPR
October 23. Public
comment will follow
once written
decision is issued.
Telecom
4 CCR 723-2 (Revision)
Initiated by a
Petition filed by
DEX Media East,
Inc. the publisher
for CenturyLink
and competitors.
Adopt changes regarding
the optional delivery of
residential white page
listings.
NOPR issued December 2012.
Rulemaking on-going
Dex Media, local
telecommunications
providers; residential
telecom customers
Rule issued
9/27/13
Public hearing held
1/28 13. Written
and oral comments
received by ALJ
Regulatory Agenda Report 2013 – Real Estate
52
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or
Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including
Stakeholder
Meetings, etc.,)
Division of Real Estate
Board of Real
Estate
Appraisers
Implementation of HB12-
1110 concerning the
regulation of appraisal
management companies.
12-61-704, C.R.S.
Specify appraisal
management company
licensure and practice
requirements
Prior to July 1, 2013
Appraisal management
companies, appraisers,
banks, mortgage
lenders
Adopted-
5/2/2013
A task force was
created and
included industry
participants and the
AG’s Office.
Board of Real
Estate
Appraisers
Appraiser licensure and
practice requirements
12-61-704, C.R.S.
Adoption of newly created
federal standards and
changes resulting from the
Board's sunset review
Prior to December 31, 2013
Appraisers, including
County Assessors
Adopted-
5/2/2013,
7/1/2013,
7/11/2013
Stakeholders were
the AG and the
Appraisal
Subcommittee
Real Estate
Commission
Subdivision
12-61-114(4),
12-61-114.5,
12-61-406(2.5),
C.R.S.
Registration and practice
requirements for
registered subdivision
developers
Prior to December 31, 2013
Registered subdivision
developers, real estate
brokers, consumers
Not adopted-
ongoing.
A task force of
industry
participants has
been created and
regularly meets to
discuss necessary
revisions.
Real Estate
Commission
Real estate broker
licensure, continuing
education and practice
requirements
12-61-114(4) and
12-61-114.5, C.R.S.
Clarify requirements for
initial and continued
licensure, address practice
deficiencies
Prior to December 31, 2013
Real estate brokers
Adopted-
10/1/2013
The Real Estate
Commission’s
Education Taskforce
contributed to
revising this rule.
This task force is
comprised of
industry
participants.
Regulatory Agenda Report 2013 – Real Estate
53
Division
Board/Program
Proposed New Rules or
Revisions to Existing Rules
Statutory or Other
Basis
Purpose
Contemplated Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or
Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including
Stakeholder
Meetings, etc.,)
Real Estate
Commission
Commission-approved
contracts and forms
12-61-114(4) and
12-61-114.5, C.R.S.
Revise approved forms
based on legislative
changes and industry
submissions
Prior to December 31, 2013
Real estate brokers,
loan originators, title
companies, attorneys,
educators, consumers
Adopted-
8/5/2013
A non-rulemaking
hearing was held to
adopt changes to
the Commission-
approved contracts.
The revisions were
completed by the
Forms Committee.
Board of
Mortgage Loan
Originators
Loan originator license and
practice requirements
12-61-902.5(2),
12-61-905(10),
12-61-905.1(3),
C.R.S.
Revise existing rules
pertaining to licensure and
practice requirements;
promulgate rules as
required by the Consumer
Finance Protection Bureau
(CFPB) and the Dodd-Frank
Act; promulgate rules
resulting from changes
caused by the Board's
sunset review
Prior to December 31, 2013
Mortgage loan
originators and
companies
Adopted-
3/20/2013,
9/18/2013,
and
ongoing
The Board of
Mortgage Loan
Originators’
Education Taskforce
contributed to
revising the existing
rules. This task
force is comprised
of industry
participants.
Conservation
Easement
Oversight
Commission
Easement holder
certification requirements
12-61-720(11),
C.R.S.
Promulgate rule clarifying
the issuance of a
conditional certificate for
those entities with
deficiencies in certification
requirements
April 1, 2013
Conservation easement
holders
Adopted-
2/25/2013
This revision
resulted from a
recommendation
from the Office of
the State Auditor.
Regulatory Agenda Report 2013 - Securities
54
Division
Board/Program
Proposed New Rules or
Revisions to Existing
Rules
Statutory or Other
Basis
Purpose
Contemplated Schedule for
Adoption
Persons/
Parties Potentially
Affected
(Positively or
Negatively)
Status
-Adopted
(Date)
-Not Adopted
-On-Going
Comments
(Including
Stakeholder
Meetings, etc.,)
Division of Securities
Securities
Licensing exemption for
business brokers
11-51-704, C.R.S.
Broker-dealer/sales
representative exemption
for business brokers
Prior to December 31, 2013
Business Brokers
Effective
October 15,
2013.
Stakeholder’s
meeting held
August 26, 2013.