SENATE BILL 10-109

SENATE BILL 10-109BY SENATOR(S) Romer and Spence, Boyd, Bacon, Hodge, Hudak,
Johnston, Tapia, Tochtrop, Foster, Newell, Williams;
also REPRESENTATIVE(S) Massey and McCann, Rice, Frangas,
McFadyen, Casso, Fischer, Labuda, Miklosi, Soper, Summers, Todd, Vigil,
Kagan, Looper, Waller.
CONCERNING REGULATION OF THE PHYSICIAN-PATIENT RELATIONSHIP FOR
MEDICAL MARIJUANA PATIENTS, AND MAKING APPROPRIATIONS IN
CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 25-1.5-106, Colorado Revised Statutes, is amended
to read:
25-1.5-106. Medical marijuana program – powers and duties of
state health agency – medical review board – repeal. (1) Definitions.
IN ADDITION TO THE DEFINITIONS SET FORTH IN SECTION 14 (1) OF ARTICLE
XVIII OF THE STATE CONSTITUTION, AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(a) “BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP”, FOR PURPOSES
OF THE MEDICAL MARIJUANA PROGRAM, MEANS:
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
(I) A PHYSICIAN AND A PATIENT HAVE A TREATMENT OR COUNSELING
RELATIONSHIP, IN THE COURSE OF WHICH THE PHYSICIAN HAS COMPLETED A
FULL ASSESSMENT OF THE PATIENT’S MEDICAL HISTORY AND CURRENT
MEDICAL CONDITION, INCLUDING AN APPROPRIATE PERSONAL PHYSICAL
EXAMINATION;
(II) THE PHYSICIAN HAS CONSULTED WITH THE PATIENT WITH
RESPECT TO THE PATIENT’S DEBILITATING MEDICAL CONDITION BEFORE THE
PATIENT APPLIES FOR A REGISTRY IDENTIFICATION CARD; AND
(III) THE PHYSICIAN IS AVAILABLE TO OR OFFERS TO PROVIDE
FOLLOW-UP CARE AND TREATMENT TO THE PATIENT, INCLUDING BUT NOT
LIMITED TO PATIENT EXAMINATIONS, TO DETERMINE THE EFFICACY OF THE
USE OF MEDICAL MARIJUANA AS A TREATMENT OF THE PATIENT’S
DEBILITATING MEDICAL CONDITION.
(b) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
THE STATE HEALTH AGENCY.
(c) “IN GOOD STANDING”, WITH RESPECT TO A PHYSICIAN’S LICENSE,
MEANS:
(I) THE PHYSICIAN HOLDS A DOCTOR OF MEDICINE OR DOCTOR OF
OSTEOPATHIC MEDICINE DEGREE FROM AN ACCREDITED MEDICAL SCHOOL;
(II) THE PHYSICIAN HOLDS A VALID, UNRESTRICTED LICENSE TO
PRACTICE MEDICINE IN COLORADO; AND
(III) THE PHYSICIAN HAS A VALID AND UNRESTRICTED UNITED
STATES DEPARTMENT OF JUSTICE FEDERAL DRUG ENFORCEMENT
ADMINISTRATION CONTROLLED SUBSTANCES REGISTRATION.
(d) “MEDICAL MARIJUANA PROGRAM” MEANS THE PROGRAM
ESTABLISHED BY SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION
AND THIS SECTION.
(e) “REGISTRY IDENTIFICATION CARD” MEANS THE
NONTRANSFERABLE CONFIDENTIAL REGISTRY IDENTIFICATION CARD ISSUED
BY THE STATE HEALTH AGENCY TO PATIENTS AND PRIMARY CAREGIVERS
PAGE 2-SENATE BILL 10-109
PURSUANT TO THIS SECTION.
(f) “STATE HEALTH AGENCY” MEANS THE PUBLIC HEALTH RELATED
ENTITY OF STATE GOVERNMENT DESIGNATED BY THE GOVERNOR BY
EXECUTIVE ORDER PURSUANT TO SECTION 14 OF ARTICLE XVIII OF THE
STATE CONSTITUTION.
(1) (2) Rule-making. The department STATE HEALTH AGENCY shall,
pursuant to section 14 of article XVIII of the state constitution, promulgate
rules of administration concerning the implementation of the medical
marijuana program established by such section and that specifically govern
the following:
(a) The establishment and maintenance of a confidential registry of
patients who have applied for and are entitled to receive a registry
identification card. THE CONFIDENTIAL REGISTRY OF PATIENTS MAY BE USED
TO DETERMINE WHETHER A PHYSICIAN SHOULD BE REFERRED TO THE
COLORADO BOARD OF MEDICAL EXAMINERS FOR A SUSPECTED VIOLATION OF
SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, PARAGRAPH (a),
(b), OR (c) OF SUBSECTION (3) OF THIS SECTION, OR THE RULES
PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS
SUBSECTION (2).
(b) The development by the department STATE HEALTH AGENCY of
an application form and THE PROCESS FOR making such THE form available
to residents of this state seeking to be listed on the confidential registry of
patients who are entitled to receive a registry identification card;
(c) The verification by the department STATE HEALTH AGENCY of
medical information concerning patients who have applied for a
confidential registry IDENTIFICATION card OR FOR RENEWAL OF A REGISTRY
IDENTIFICATION CARD;
(d) THE DEVELOPMENT BY THE STATE HEALTH AGENCY OF A FORM
THAT CONSTITUTES “WRITTEN DOCUMENTATION” AS DEFINED AND USED IN
SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, WHICH FORM
A PHYSICIAN SHALL USE WHEN MAKING A MEDICAL MARIJUANA
RECOMMENDATION FOR A PATIENT;
(d) (e) The CONDITIONS FOR issuance AND RENEWAL, and THE form,
PAGE 3-SENATE BILL 10-109
of confidential THE registry identification cards ISSUED TO PATIENTS,
INCLUDING BUT NOT LIMITED TO STANDARDS FOR ENSURING THAT THE STATE
HEALTH AGENCY ISSUES A REGISTRY IDENTIFICATION CARD TO A PATIENT
ONLY IF HE OR SHE HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP
WITH A PHYSICIAN IN GOOD STANDING AND LICENSED TO PRACTICE MEDICINE
IN THE STATE OF COLORADO;
(e) (f) Communications with law enforcement officials about
confidential registry identification cards that have been suspended where
WHEN a patient is no longer diagnosed as having a debilitating medical
condition; and
(f) (g) The manner in which the department STATE HEALTH AGENCY
may consider adding debilitating medical conditions to the list of
debilitating medical conditions contained in section 14 of article XVIII of
the state constitution.
(3) Physicians. A PHYSICIAN WHO CERTIFIES A DEBILITATING
MEDICAL CONDITION FOR AN APPLICANT TO THE MEDICAL MARIJUANA
PROGRAM SHALL COMPLY WITH ALL OF THE FOLLOWING REQUIREMENTS:
(a) THE PHYSICIAN SHALL HAVE A VALID, UNRESTRICTED COLORADO
LICENSE TO PRACTICE MEDICINE, WHICH LICENSE IS IN GOOD STANDING.
(b) AFTER A PHYSICIAN, WHO HAS A BONA FIDE PHYSICIAN-PATIENT
RELATIONSHIP WITH THE PATIENT APPLYING FOR THE MEDICAL MARIJUANA
PROGRAM, DETERMINES, FOR THE PURPOSES OF MAKING A
RECOMMENDATION, THAT THE PATIENT HAS A DEBILITATING MEDICAL
CONDITION AND THAT THE PATIENT MAY BENEFIT FROM THE USE OF MEDICAL
MARIJUANA, THE PHYSICIAN SHALL CERTIFY TO THE STATE HEALTH AGENCY
THAT THE PATIENT HAS A DEBILITATING MEDICAL CONDITION AND THAT THE
PATIENT MAY BENEFIT FROM THE USE OF MEDICAL MARIJUANA. IF THE
PHYSICIAN CERTIFIES THAT THE PATIENT WOULD BENEFIT FROM THE USE OF
MEDICAL MARIJUANA BASED ON A CHRONIC OR DEBILITATING DISEASE OR
MEDICAL CONDITION, THE PHYSICIAN SHALL SPECIFY THE CHRONIC OR
DEBILITATING DISEASE OR MEDICAL CONDITION AND, IF KNOWN, THE CAUSE
OR SOURCE OF THE CHRONIC OR DEBILITATING DISEASE OR MEDICAL
CONDITION.
(c) THE PHYSICIAN SHALL MAINTAIN A RECORD-KEEPING SYSTEM FOR
PAGE 4-SENATE BILL 10-109
ALL PATIENTS FOR WHOM THE PHYSICIAN HAS RECOMMENDED THE MEDICAL
USE OF MARIJUANA, AND, PURSUANT TO AN INVESTIGATION INITIATED
PURSUANT TO SECTION 12-36-118, C.R.S., THE PHYSICIAN SHALL PRODUCE
SUCH MEDICAL RECORDS TO THE COLORADO STATE BOARD OF MEDICAL
EXAMINERS AFTER REDACTING ANY PATIENT OR PRIMARY CAREGIVER
IDENTIFYING INFORMATION.
(d) A PHYSICIAN SHALL NOT:
(I) ACCEPT, SOLICIT, OR OFFER ANY FORM OF PECUNIARY
REMUNERATION FROM OR TO A PRIMARY CAREGIVER, DISTRIBUTOR, OR ANY
OTHER PROVIDER OF MEDICAL MARIJUANA;
(II) OFFER A DISCOUNT OR ANY OTHER THING OF VALUE TO A
PATIENT WHO USES OR AGREES TO USE A PARTICULAR PRIMARY CAREGIVER,
DISTRIBUTOR, OR OTHER PROVIDER OF MEDICAL MARIJUANA TO PROCURE
MEDICAL MARIJUANA;
(III) EXAMINE A PATIENT FOR PURPOSES OF DIAGNOSING A
DEBILITATING MEDICAL CONDITION AT A LOCATION WHERE MEDICAL
MARIJUANA IS SOLD OR DISTRIBUTED; OR
(IV) HOLD AN ECONOMIC INTEREST IN AN ENTERPRISE THAT
PROVIDES OR DISTRIBUTES MEDICAL MARIJUANA IF THE PHYSICIAN CERTIFIES
THE DEBILITATING MEDICAL CONDITION OF A PATIENT FOR PARTICIPATION IN
THE MEDICAL MARIJUANA PROGRAM.
(4) Enforcement. (a) IF THE STATE HEALTH AGENCY HAS
REASONABLE CAUSE TO BELIEVE THAT A PHYSICIAN HAS VIOLATED SECTION
14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, PARAGRAPH (a), (b), OR
(c) OF SUBSECTION (3) OF THIS SECTION, OR THE RULES PROMULGATED BY
THE STATE HEALTH AGENCY PURSUANT TO SUBSECTION (2) OF THIS SECTION,
THE STATE HEALTH AGENCY MAY REFER THE MATTER TO THE STATE BOARD
OF MEDICAL EXAMINERS CREATED IN SECTION 12-36-103, C.R.S., FOR AN
INVESTIGATION AND DETERMINATION.
(b) IF THE STATE HEALTH AGENCY HAS REASONABLE CAUSE TO
BELIEVE THAT A PHYSICIAN HAS VIOLATED PARAGRAPH (d) OF SUBSECTION
(3) OF THIS SECTION, THE STATE HEALTH AGENCY SHALL CONDUCT A
HEARING PURSUANT TO SECTION 24-4-104, C.R.S., TO DETERMINE WHETHER
PAGE 5-SENATE BILL 10-109
A VIOLATION HAS OCCURRED.
(c) UPON A FINDING OF UNPROFESSIONAL CONDUCT PURSUANT TO
SECTION 12-36-117 (1) (mm), C.R.S., BY THE STATE BOARD OF MEDICAL
EXAMINERS OR A FINDING OF A VIOLATION OF PARAGRAPH (d) OF
SUBSECTION (3) OF THIS SECTION BY THE STATE HEALTH AGENCY, THE STATE
HEALTH AGENCY SHALL RESTRICT A PHYSICIAN’S AUTHORITY TO
RECOMMEND THE USE OF MEDICAL MARIJUANA, WHICH RESTRICTIONS MAY
INCLUDE THE REVOCATION OR SUSPENSION OF A PHYSICIAN’S PRIVILEGE TO
RECOMMEND MEDICAL MARIJUANA. THE RESTRICTION SHALL BE IN
ADDITION TO ANY SANCTION IMPOSED BY THE STATE BOARD OF MEDICAL
EXAMINERS.
(d) WHEN THE STATE HEALTH AGENCY HAS OBJECTIVE AND
REASONABLE GROUNDS TO BELIEVE AND FINDS, UPON A FULL
INVESTIGATION, THAT A PHYSICIAN HAS DELIBERATELY AND WILLFULLY
VIOLATED SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION OR
THIS SECTION AND THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE
IMPERATIVELY REQUIRES EMERGENCY ACTION, AND THE STATE HEALTH
AGENCY INCORPORATES THOSE FINDINGS INTO AN ORDER, THE STATE
HEALTH AGENCY MAY SUMMARILY SUSPEND THE PHYSICIAN’S AUTHORITY TO
RECOMMEND THE USE OF MEDICAL MARIJUANA PENDING THE PROCEEDINGS
SET FORTH IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (4). A HEARING
ON THE ORDER OF SUMMARY SUSPENSION SHALL BE HELD NO LATER THAN
THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER OF SUMMARY SUSPENSION,
UNLESS A LONGER TIME IS AGREED TO BY THE PARTIES, AND AN INITIAL
DECISION IN ACCORDANCE WITH SECTION 24-4-105 (14), C.R.S., SHALL BE
RENDERED NO LATER THAN THIRTY DAYS AFTER THE CONCLUSION OF THE
HEARING CONCERNING THE ORDER OF SUMMARY SUSPENSION.
(5) Renewal of patient identification card upon criminal
conviction. ANY PATIENT WHO IS CONVICTED OF A CRIMINAL OFFENSE
UNDER ARTICLE 18 OF TITLE 18, C.R.S., SENTENCED OR ORDERED BY A
COURT TO DRUG OR SUBSTANCE ABUSE TREATMENT, OR SENTENCED TO THE
DIVISION OF YOUTH CORRECTIONS, SHALL BE SUBJECT TO IMMEDIATE
RENEWAL OF HIS OR HER PATIENT REGISTRY IDENTIFICATION CARD, AND THE
PATIENT SHALL APPLY FOR THE RENEWAL BASED UPON A RECOMMENDATION
FROM A PHYSICIAN WITH WHOM THE PATIENT HAS A BONA FIDE
PHYSICIAN-PATIENT RELATIONSHIP.
PAGE 6-SENATE BILL 10-109
(6) A PARENT WHO SUBMITS A MEDICAL MARIJUANA REGISTRY
APPLICATION FOR HIS OR HER CHILD SHALL HAVE HIS OR HER SIGNATURE
NOTARIZED ON THE APPLICATION.
(2) (7) Fees – repeal. (a) The department STATE HEALTH AGENCY
may collect fees from patients who, pursuant to section 14 of article XVIII
of the state constitution, apply to the medical marijuana program established
by such section for a marijuana registry identification CARD for the purpose
of offsetting the department’s STATE HEALTH AGENCY’S direct and indirect
costs of administering the program. The amount of such THE fees shall be
set by rule of the state board of health STATE HEALTH AGENCY. THE STATE
HEALTH AGENCY SHALL ALSO PROMULGATE RULES THAT ALLOW A PATIENT
TO CLAIM INDIGENCE AS IT RELATES TO PAYING THE FEE APPROVED
PURSUANT TO THIS SUBSECTION (7). THE RULES SHALL ESTABLISH THE
STANDARD FOR INDIGENCE, THE PROCESS THE STATE HEALTH AGENCY SHALL
USE TO DETERMINE WHETHER A PATIENT WHO CLAIMS INDIGENCE MEETS THE
STANDARD FOR INDIGENCE, AND THE PROCESS FOR GRANTING A WAIVER IF
THE STATE HEALTH AGENCY DETERMINES THAT THE PATIENT MEETS THE
STANDARD FOR INDIGENCE. All fees collected by the department STATE
HEALTH AGENCY through the medical marijuana program shall be
transferred to the state treasurer who shall credit the same to the medical
marijuana program cash fund, which fund is hereby created.
(b) (I) THE FEES COLLECTED PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (7) MAY BE USED FOR THE DIRECT AND INDIRECT COSTS TO THE
STATE BOARD OF MEDICAL EXAMINERS ASSOCIATED WITH INVESTIGATING
AND PROSECUTING UP TO FIVE OF THE REFERRALS OF PHYSICIANS RECEIVED
PER YEAR FROM THE STATE HEALTH AGENCY IN RELATION TO THE MEDICAL
MARIJUANA PROGRAM.
(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2012.
(3) (8) Cash fund – repeal. (a) The medical marijuana program
cash fund shall be subject to annual appropriation by the general assembly
to the department STATE HEALTH AGENCY for the purpose of establishing,
operating, and maintaining the medical marijuana program. established by
section 14 of article XVIII of the state constitution. All moneys credited to
the medical marijuana program cash fund and all interest derived from the
deposit of such moneys that are not expended during the fiscal year shall be
retained in the fund for future use and shall not be credited or transferred to
PAGE 7-SENATE BILL 10-109
the general fund or any other fund.
(b) Notwithstanding any provision of paragraph (a) of this
subsection (3) (8) to the contrary, on April 20, 2009, the state treasurer shall
deduct two hundred fifty-eight thousand seven hundred thirty-five dollars
from the medical marijuana program cash fund and transfer such sum to the
general fund.
(c) (I) THE STATE HEALTH AGENCY SHALL TRANSFER FROM THE
MEDICAL MARIJUANA PROGRAM CASH FUND TO THE DEPARTMENT OF
REGULATORY AGENCIES FOR ALLOCATION TO THE STATE BOARD OF MEDICAL
EXAMINERS MONEYS TO COVER THE DIRECT AND INDIRECT COSTS
ASSOCIATED WITH INVESTIGATING AND PROSECUTING UP TO FIVE OF THE
REFERRALS OF PHYSICIANS RECEIVED PER YEAR FROM THE STATE HEALTH
AGENCY IN RELATION TO THE MEDICAL MARIJUANA PROGRAM.
(II) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2012.
(9) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2019.
SECTION 2. 25-1-1202 (1), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
25-1-1202. Index of statutory sections regarding medical record
confidentiality and health information. (1) Statutory provisions
concerning policies, procedures, and references to the release, sharing, and
use of medical records and health information include the following:
(vv.5) SECTION 25-1.5-106, CONCERNING THE MEDICAL MARIJUANA
PROGRAM;
SECTION 3. 12-36-117 (1), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
12-36-117. Unprofessional conduct – repeal. (1) “Unprofessional
conduct” as used in this article means:
(mm) FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION 14
OF ARTICLE XVIII OF THE STATE CONSTITUTION, SECTION 25-1.5-106,
C.R.S., OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY
PAGE 8-SENATE BILL 10-109
PURSUANT TO SECTION 25-1.5-106 (2), C.R.S.
SECTION 4. 12-36-118 (5) (g), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
12-36-118. Disciplinary action by board – immunity.
(5) (g) (X) IN ALL CASES INVOLVING ALLEGED VIOLATIONS OF SECTION
12-36-117 (1) (mm), THE BOARD SHALL PROMPTLY NOTIFY THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OF
ITS FINDINGS, INCLUDING WHETHER IT FOUND THAT THE PHYSICIAN
VIOLATED SECTION 12-36-117 (1) (mm) AND ANY RESTRICTIONS IT PLACED
ON THE PHYSICIAN WITH RESPECT TO RECOMMENDING THE USE OF MEDICAL
MARIJUANA.
SECTION 5. 12-36-103 (6) (a), Colorado Revised Statutes, is
amended to read:
12-36-103. State board of medical examiners – immunity –
subject to termination – repeal of article. (6) (a) (I) The provisions of
section 24-34-104, C.R.S., concerning the termination schedule for
regulatory bodies of the state unless extended as provided in that section,
are applicable to the Colorado state board of medical examiners created by
this section.
(II) THE REVIEW REQUIRED BY THIS SUBSECTION (6) SHALL INCLUDE
AN ANALYSIS OF PHYSICIAN RESPONSIBILITIES RELATED TO
RECOMMENDATIONS FOR MEDICAL MARIJUANA AND THE PROVISIONS OF
SECTION 25-1.5-106, C.R.S.
SECTION 6. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
medical marijuana program cash fund created in section 25-1.5-106 (8),
Colorado Revised Statutes, not otherwise appropriated, to the department
of public health and environment, for the fiscal year beginning July 1, 2010,
the sum of eight hundred fifteen thousand two hundred twenty-four dollars
($815,224) cash funds and 2.1 FTE, or so much thereof as may be
necessary, for the implementation of this act. Of said appropriation,
ninety-nine thousand eight hundred seventy-nine dollars ($99,879) shall be
allocated to the administration and support division and seven hundred
fifteen thousand three hundred forty-five dollars ($715,345) and 2.1 FTE
PAGE 9-SENATE BILL 10-109
shall be allocated to the center for health and environmental information.
(2) In addition to any other appropriation, there is hereby
appropriated to the department of regulatory agencies, for the fiscal year
beginning July 1, 2010, the sum of five hundred ninety-three thousand three
hundred thirty-three dollars ($593,333) and 1.2 FTE, for the investigation
and prosecution of physicians referred to the board of medical examiners
pursuant to section 25-1.5-106 (5), Colorado Revised Statutes, or so much
thereof as may be necessary for the implementation of this act. Said
appropriation shall be from reappropriated funds received from the
department of public health and environment out of the appropriation made
in subsection (1) of this section to the center for health and environmental
information. Of said appropriation, five hundred twelve thousand five
hundred eighty-four dollars ($512,584) shall be allocated to the executive
director’s office and eighty thousand seven hundred forty-nine dollars
($80,749) and 1.2 FTE shall be allocated to the division of registrations.
(3) In addition to any other appropriation, there is hereby
appropriated to the department of law, for the fiscal year beginning July 1,
2010, the sum of six hundred twelve thousand four hundred sixty-three
dollars ($612,463) and 5.2 FTE, or so much thereof as may be necessary,
for the provision of legal services to the department of public health and
environment and the department of regulatory agencies related to the
implementation of this act. Of said appropriation, ninety-nine thousand
eight hundred seventy-nine dollars ($99,879) shall be from reappropriated
funds received from the department of public health and environment out
of the appropriation made in subsection (1) of this section to the
administration and support division and five hundred twelve thousand five
hundred eighty-four dollars ($512,584) shall be from reappropriated funds
received from the department of regulatory agencies out of the
appropriation made in subsection (2) of this section to the executive
director’s office.
SECTION 7. Severability. If any provision of this act or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
SECTION 8. Safety clause. The general assembly hereby finds,
PAGE 10-SENATE BILL 10-109
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.

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