1. (1)

   1. (a)

      1. (I) The department recommends that each primary health-care provider or physician, physician assistant, or nurse practitioner who treats a patient in an inpatient or outpatient setting offer a person born between the years of 1945 and 1965 a hepatitis C screening test or hepatitis C diagnostic test unless the health-care provider providing such services reasonably believes that:

         1. (A) The patient is being treated for a life-threatening emergency;
         2. (B) The patient has previously been offered or has been the subject of a hepatitis C screening; or
         3. (C) The patient lacks capacity to consent to a hepatitis C screening test.
      2. (II) This subsection (1)(a) is repealed, effective July 1, 2026.

   2. (b)

      1. (I) The state board of health created in section 25-1-103 shall adopt rules establishing standards for hepatitis C screening and diagnostic tests for use by primary health-care providers, physicians, physician assistants, or nurse practitioners who treat patients in an inpatient or outpatient setting. The board shall ensure that the screening and diagnostic test standards align with recommendations of the federal centers for disease control and prevention for hepatitis C screening and diagnostic testing.
      2. (II) The rules adopted by the board pursuant to this subsection (1)(b) shall take effect on July 1, 2026.
2. (2) If a patient accepts the offer of a hepatitis C screening test and the screening test is reactive, the health-care provider may either offer the patient follow-up health care or refer the individual to a health-care provider who can provide follow-up health care, including a hepatitis C diagnostic test.
3. (3) The health-care provider shall make the offer of a hepatitis C screening to the patient in a linguistically and culturally appropriate manner, as determined by rules promulgated by the department.
4. (4) Nothing in this section affects the scope of practice of a health-care provider or diminishes any authority or legal or professional obligation of a health-care provider to offer a hepatitis C screening test or hepatitis C diagnostic test or to provide services or care for the subject of a hepatitis C screening test or hepatitis C diagnostic test.

5. (5) As used in this section, unless the context otherwise requires:

   1. (a) Hepatitis C diagnostic test means a laboratory test or tests that detect the presence of hepatitis C virus in the blood and provide confirmation of whether the patient has a hepatitis C infection.
   2. (b) Hepatitis C screening test means a federal food and drug administration-approved rapid point of care test or other food and drug administration-approved tests that detect the presence of hepatitis C virus antibodies in the blood.

Source: L. 2014: Entire section added, (SB 14-173), ch. 233, p. 863, § 2, effective August 6. L. 2025: (1) amended, (HB 25-1027), ch. 65, p. 280, § 20, effective April 10.

Cross references: For the legislative declaration in SB 14-173, see section 1 of chapter 233, Session Laws of Colorado 2014.