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SB 25-129

Legally Protected Health-Care Activity Protections

2025 Regular Session Introduced by Judy Amabile and 58 co-sponsors

Colorado protects legally protected health-care activity from out-of-state investigations and penalties, shielding patients, providers, and insurers.

Governor Signed
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Bill Summary · SB 25-129

SB 25‑129 — Legally Protected Health‑Care Activity Protections

Status: Governor signed (effective on signature — signed 04/24/2025)
Introduced: 02/05/2025 | Primary Sponsors: Sen. Lisa Cutter & Faith Winter; Rep. Junie Joseph & Karen McCormick

Purpose

Strengthen and clarify legal protections for “legally protected health‑care activity” in Colorado — including gender‑affirming care and reproductive health care — by limiting cross‑border investigations, subpoenas, arrests, and out‑of‑state civil enforcement that could penalize patients, providers, insurers, or businesses for lawful activity in Colorado.

Key provisions

  • Telehealth: Clarifies that out‑of‑state telehealth provider rules “do not alter or limit” Colorado rights or protections connected to legally protected health‑care activity (adds to §12‑30‑124).
  • Prescription labeling: Allows, at a practitioner’s request, that labels for mifepristone, misoprostol, and generic equivalents show the prescribing health‑care practice name instead of the individual practitioner’s name — provided the practice name appears on the paper/electronic prescription form (§12‑280‑124).
  • Subpoena affirmation and penalty (§13‑1‑140.1): Anyone requesting a subpoena must affirm under penalty of perjury that the subpoena is not intended to lead to civil/criminal/professional penalties related to legally protected health care (or, if related, that the matter is a tort/contract action actionable under Colorado law). False or omitted affirmations expose the requester to Colorado jurisdiction and civil penalties up to $15,000 per violation; the Attorney General may sue for damages/penalties (action must be filed within six years).
  • Limits on compliance with out‑of‑state inquiries: Prohibits Colorado residents, Colorado‑based businesses, and (with certain conditions) Colorado public entities from responding to out‑of‑state civil, criminal, regulatory, or administrative inquiries regarding legally protected health‑care activities; narrow exceptions for certain lawfully actionable matters.
  • Private right of action / forum choice: Persons/entities targeted by out‑of‑state actions related to legally protected health‑care activity may sue in Colorado district court for injunctive relief, damages, costs, and attorneys’ fees; the enacted text provides specified filing timeframes (see Enforcement).
  • Arrest protection: Bars private‑person warrantless arrests (under existing interstate charge statutes) where the out‑of‑state charge concerns legally protected health care provided in Colorado.
  • Non‑cooperation expansion: Extends prohibitions on using government resources to assist out‑of‑state investigations to all public entities (state/local governments, school districts, special districts, statutory public entities) and creates similar restrictions for businesses.
  • Enforcement: Attorney General authorized to enforce and intervene in related matters; AG civil actions subject to a six‑year filing period in the enacted text.

Who is affected

  • Patients seeking gender‑affirming or reproductive care, and their insurers
  • Health‑care providers, clinics, and pharmacies (labeling, subpoena protections)
  • Colorado businesses and public entities (limits on cooperation with out‑of‑state enforcement)
  • Colorado courts and Attorney General (enforcement, potential civil litigation)

Fiscal and administrative impacts

  • No appropriation required. Fiscal notes estimate minimal ongoing state workload and potential minimal state revenue: possible increases in Judicial Department filing‑fee revenue (subject to TABOR) and civil‑penalty/damage awards to the General Fund (indeterminate). Workload impacts for multiple state agencies and local entities expected to be minimal and absorbable.

Effective date & legislative action

  • Effective upon the Governor’s signature or when the act otherwise becomes law. Key dates: passed both chambers; sent to Governor 04/16/2025; signed 04/24/2025.

Compiled from official sources — confirm details with the bill’s official record.

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