VETO HB 16-1320

Endangers Colorado Natural Health Consumer Protection Act (SB13-215)

Unlicensed alternative and complementary practitioners and practices have been recognized by regulation in the current Colorado Natural Health Consumer Protection Act (SB13-215) and protected by regulation as exempt in the current Massage Therapy Practice Act.

 • HB16-1320 amends and strikes recognized alternative and complementary practices from the Colorado Natural Health Consumer Protection Act.

 • Stakeholders of the Colorado Natural Health Consumer Protection Act (SB13-215) were not advised nor considered in HB16-1320.

 • SB13-215 estimated more than 1,500,000 Coloradans currently receive a substantial volume of health care services from complementary and alternative health care practitioners – there was no effort by DORA, the House or Senate to advise these consumer stakeholders of immediate changes that could impact the Colorado Natural Health Consumer Protection Act.

 • There was no evidenced cooperation between DORA, the House or the Senate to involve Colorado Natural Health Consumer Protection Act stakeholders – practitioner nor consumer - in the process of HB16-1320.

 • With HB16-1320 DORA, the House and Senate have overreached into the areas of:
    • public health and safety – removing the requirement of a statute mandated disclosure
    • the right of a consumer to access and choose their method of health care
    • the right of an alternative or complementary practitioner to practice

 • HB16-1320 would overreach into public health and safety by removing the requirement of  SB13-215 1(7)(a) ANY PERSON PROVIDING COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES IN THIS STATE WHO IS NOT LICENSED, CERTIFIED, OR REGISTERED BY THE STATE AS A HEALTH CARE PROFESSIONAL, IS NOT REGULATED BY A PROFESSIONAL BOARD OR THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO TITLE 12, C.R.S., AND IS ADVERTISING OR CHARGING A FEE FOR HEALTH CARE SERVICES SHALL PROVIDE TO EACH CLIENT DURING THE INITIAL CLIENT CONTACT THE FOLLOWING INFORMATION IN A PLAINLY WORDED WRITTEN STATEMENT: (I-VI)

 • HB16-1320 would revoke the practitioner disclosure requirements currently in statute of the public health and safety sections intended to provide consumer protection.

 • SN13-215 1(f)(II) Recognizes THE PUBLIC'S RIGHT TO ACCESS COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS OR THE RIGHT OF AN UNREGULATED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER TO PRACTICE.

 • HB16-1320 accords DORA the rulemaking authority to deny the continuation of alternative or complimentary practices thereby denying the right of consumer access and choice and practitioner the right to practice.

 • A considerable number of the 1,500,000 Coloradans are in potential danger of losing the ability to choose their preferred method of alternative and complementary health care at the discretion of HB16-1320 accorded rulemaking of DORA.

 • HB16-1320 allows that currently exempted alternative and complementary practices will remain in the Massage Therapy Practice Act by regulation -- yet subject alternative and complimentary health care practices to rules under the Massage Therapy Practice Act allowing exemptions to be denied at a future date at the discretion of DORA.

 • Section 4 of HB16-1320 provides DORA the rulemaking ability to determine--at their sole and volatile discretion--rescinding exemptions due to the activities of bad actors performing sex trade and human trafficking activities while perverting the name or description of a current exempt and protected practice. And thereby denying the consumer access and choice in the health care.

 • Specifically named practices as well as the broad description of “Practices using touch or healing touch to affect the human energy systems” could at a future date be removed from exemptions at the discretion of DORA under HB16-1320.

 • Practitioners and consumers should not be held liable for bad actors – law enforcement already has at their disposal the ability to prosecute illegal acts.

 • HB16-1320 Section 4 provides a disincentive to report activities that may include aspects of human trafficking disguised as a legitimate exemption -- rather than aiding in shutting down and prosecuting a disreputable business practitioners reporting such activity will be incriminating and endangering an alternative or complementary practice.

  • HB16-1320 rulemaking authority accorded to DORA does not protect public health and safety, a practitioner’s right to practice, or the consumer’s right to access and choice. Neither does it aid in the prevention of human trafficking.

 • The intention of HB16-1320 is noble yet it can have devastating, even ruinous, consequences to current practitioners should they lose the right to practice and be forced to close their businesses due to a discretionary DORA rule change.

 • HB16-1320 holds the possibility of denying a portion of 1,5000,000 recognized Colorado consumers of alternative and complementary practices the right to access and choose their method of health care.

Governor Hickenlooper we urge you to VETO HB16-1320.

Preserve the Colorado Natural Health Consumer Protection Act (SB13-215)