Eyes on Health Freedom in Colorado

… proposed changes to statutes governing disease control

The CRS (Colorado Revised Statutes) are the laws agreed upon by the Colorado Legislature. This year there is a House Bill 25-1027 that proposes significant amendments to Title 24 concerning how health emergencies are managed. It also proposes amendments and additions to Title 25 concerning Public Health and the Environment.

Concerning emergency management in Section 24, the new proposal abolishes the Governor’s Expert Emergency Epidemic Response Committee (GEEERC) and shifts any liability that existed on those individuals to all the state departments’ advice and actions during emergencies. Everyone becomes shielded from liability, except in cases of “willful misconduct” or “willful disregard” of the best interests of protecting and maintaining public health. So, unless the advice and actions during emergencies can be proven as “willful misconduct”, no one is at fault. The possible damages awarded remain unchanged at $100,000 per person or $300,000 if three or more people were proven injured.

Proving willful misconduct is challenging, as it requires demonstrating intentional or reckless behavior. And they must have known or should have known their actions would cause harm. Typically to prove willfulness, there would be repeated instances of similar misconduct, ignoring industry standards (that they themselves have set), attempts to cover up any misconduct, and a clear motive for engaging in the misconduct.

If HB 25-1027 passes, the amendments to Title 24 will abolish the GEEERC. Therefore, an addition to Title 25 would then mandate the executive director of the health department or chief medical officer to assemble a group of “subject matter experts” to develop “crisis standards of care” during public health emergencies. The standards of care will be used by health-care providers and health-care facilities. There is no mention of whether these “crisis standards of care” will be suggestions for health-care providers to use at their discretion, or standards that must be adhered to.

There is no guidance on who these “subject matter experts” should be nor how many of them should convene. ​To be effective, this panel of experts would need to be balanced with varying opinions on whether an emergency exists, and varying approaches to handling a real emergency.

Obviously, there are experts with diverse viewpoints and disciplines relevant to the subject matter of health. This must be recognized, otherwise proper debate and deliberation over serious health issues will not happen, everything becomes one sided, and Coloradans could be led down the wrong road. Legislators must ensure that the selected experts have hands-on experience or in-depth knowledge of the subject. There should be an odd number of experts to prevent tie votes and encourage consensus-building. The experts must not have personal or financial interests that could influence their opinions. There should be oversight of the panel to ensure that the experts will debate the issues, manage conflicts and maintain focus.

This bill expands government authority over public health, potentially infringing on individual rights and freedoms. The bill is currently assigned to the House Health and Human Services Committee, with no votes recorded yet. Sponsored by Representatives K. Brown and L. Gilchrist, and Senator L. Daugherty, all Democrats, the bill has a partisan leaning.

The proposed changes in HB 25-1027 have significant implications for Coloradans' individual rights and freedoms. As the bill progresses through the legislative process, it's essential for citizens to stay informed and engaged. Concerned individuals can:

• Contact Representatives: Reach out to Representatives K. Brown, L. Gilchrist, and Senator L. Daugherty to express opinions on the bill.

• Attend Committee Hearings: Participate in House Health and Human Services Committee hearings to provide public testimony.

• Monitor Bill Progress: Track the bill's status through the Colorado Legislature's website or LegiScan.

• Encourage Balanced Expert Panels: Advocate for diverse, experienced, and impartial expert panels to develop recommendations.

By staying vigilant and actively participating in the legislative process, Coloradans can ensure that their voices are heard, and their rights are protected. Thanks for reading, and thanks for staying smart.