Subpoena requirements - legally protected health-care activity - enforcement

(1) Affirmation required. An individual requesting a subpoena shall affirm under penalty of perjury that the subpoena: (a) Is not related to, and any information obtained as a result of the subpoena will not be used in, any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions against an individual or entity that engaged in or attempted or intended to engage in a legally protected health-care activity, as defined in section 12-30-121, or that provided insurance coverage for gender-affirming health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402; or (b) Is related to an investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions against an individual or entity that engaged in or attempted or intended to engage in a legally protected health-care activity, as defined in section 12-30-121, or that provided insurance coverage for gender-affirming health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402, but the investigation or proceeding: (I) Is brought under tort law or contract law; (II) Is actionable in an equivalent or similar manner under Colorado law; and (III) Is brought by the individual, or the individual's legal representative, who received gender-affirming health-care services or reproductive health care. (2) Jurisdiction and penalty. An individual who omits or submits a false affirmation pursuant to subsection (1) of this section is subject to the jurisdiction of Colorado courts for any action, penalties, or damages arising out of the omission or false affirmation. The court, upon finding the omission or false affirmation was made intentionally, knowingly, willfully, or recklessly, shall impose a civil penalty in an amount not to exceed fifteen thousand dollars for each violation, which amount is in addition to any other legal or equitable remedy lawfully available. (3) Enforcement. The attorney general may bring a civil action on behalf of the state to seek the imposition of damages, penalties, and any other equitable remedies against an individual who omits or submits a false affirmation pursuant to subsection (1) of this section. The action must be filed within six years after the date of the alleged violation. (4) This section does not prohibit the investigation of criminal activity that may involve a legally protected health-care activity if information relating to a medical procedure performed on an individual is not shared with a federal agency or actor, or an agency or individual from another state, for the purpose of enforcing another state's abortion law.