Colorado Consumer Health Initiative v. Colorado Board of Health

Opinion by

Judge HAWTHORNE.

In this declaratory judgment action challenging the Colorado Board of Health's "patient copy" rule, plaintiff, the Colorado Consumer Health Initiative (CCHIT), appeals the summary judgment entered for defendant, the Colorado Board of Health, as well as the denial of its cross-motion for summary judgment. We affirm the trial court's order denying CCHI's summary judgment motion, reverse its order entering summary judgment for the Board, and remand for further proceedings.

I. Facts

The Colorado Board of Health (the Board) is a state regulatory board that has the authority…