We have found that most business owners desire to run their club, studio or other fitness facility in compliance with all applicable laws. However, the problem is the difficulty in obtaining complete and accurate information regarding which laws are applicable to their business. Therefore, the purpose of this article to:(i) Provide information as to where club, studio and other fitness facility owners can find the relevant state laws;(ii) Provide a general overview concerning the various definitions of “health and fitness facility” and how that definition varies from state to state (examples from New York, Colorado, Texas, Florida and Illinois statutes);(iii)Examine a few of the more common statutes and regulations that show up in most states; along with general comments and analysis regarding these state statutes; and (iv) Provide business owners with key takeaways and considerations when determining how to best comply with all applicable laws. For … [Read more...] about Compliance with Health and Fitness State Laws: Background, Best Practices and Key Takeaways for Health and Fitness Club Owners
Colorado department of public health and environment
We recently asked the question, should a State proceed with development of an implementation plan under the Clean Power Plan given the inherently shifting timeline attendant the Supreme Court’s stay of the CPP Today, we expand on that question and ask whether a State, should it desire to voluntarily implement the plan, proceed anyway? A good example of this conundrum is posed in Colorado, where the Colorado Department of Public Health and Environment (CDPHE) and the Governor’s office immediately responded to news of the CPP stay by announcing that Colorado would continue forward with development of the Colorado plan implementing the CPP. Using Colorado as an example, does Colorado have sufficient legislative authority to voluntarily implement the CPP even if the CPP is struck down by the Supreme Court?It’s a difficult question without an immediately clear answer. On the one hand, there is ample precedent within the structure, history, and common law … [Read more...] about Clean Power Plan – Can Colorado Proceed Anyway?
While the U.S. Environmental Protection Agency has decided to delay until Summer 2015 issuing final rules for carbon dioxide emissions from existing power plants under its Clean Power Plan (CPP), the Colorado General Assembly is getting a head-start on considering how best to develop the plan for how Colorado may comply with the EPA rules. One week into the 2015 legislative session, Senate Bill 15-092 provides a framework for the coordinated review of a proposed Colorado CPP compliance plan.The bill calls for the state plan developed by the Colorado Department of Public Health and Environment to be submitted first to the Colorado Public Utilities Commission which will conduct an evidentiary hearing to evaluate the proposed plan against a series of factors including: the extent to which the plan reduces other air pollutants, increases utilization of existing natural gas-fired generation, supports compliance with state or federal clean energy requirements, incorporates energy … [Read more...] about Colorado Legislature Considers How to Implement EPA’s Clean Power Plan
This past Saturday marked the midpoint of the First Regular Session of the 70th General Assembly of the State of Colorado. Having had 60 days to watch legislators in action, we now have a fairly good idea where the General Assembly is heading in terms of energy legislation. One big caveat to that is the potential for oil and gas legislation. The Governor’s Oil and Gas Task Force just wrapped up its work, and sent nine (out of 36) suggestions to the Governor for consideration. The 21 members could not reach the required 2/3 margin needed to pass the more controversial measures, so what remains are less controversial proposals, such as enhancing the permitting process, including local governments in the siting process earlier, and appropriations for more inspectors. As a result, there are now two schools of thought as to where legislators may go: introduce a slew of legislation that is destined for death in the other chamber, or avoid any legislative fights and prepare for ballot … [Read more...] about Colorado Energy Legislation 2015: Where Do We Stand at the Session Midpoint?
Courthouse News reported that doctors Gentry Dunlop, Robert Maiocco, Deborah Kaye Parr, and William Tyler Stone filed complaints against the Colorado Department of Public Health and Environment saying that there were no limits on the books for how much of the substance doctors can prescribe their patients, and that the Board used a “secret policy” to make their decision.“The Board relies on an illegal unpublished ‘rule’ that provided it is substandard care per se for physicians to authorize medical marijuana in excess of 75 marijuana plants to patients without cancer,” the doctors said in their complaint. They are the first doctors in the state to be suspended for over-prescribing marijuana plants to patients, the Denver Post reported. They allegedly gave prescriptions to more than 1,500 patients (combined), to have at least 75 plants each. The standard number of plants per patient is six, but that doctors will go … [Read more...] about Doctors Sue Health Dept Over Suspensions for Prescribing Too Much Marijuana