2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HEALTH CARE (§§ 25-21-101 — 25-59-106) › Article 48 - END-OF-LIFE OPTIONS (§§ 25-48-101 — 25-48-124) › Section 25-48-102 - [Effective Until 8/7/2024] Definitions

As used in this article 48, unless the context otherwise requires:
(1)
"Adult" means an individual who is eighteen years of age or older.
(2)
"Attending physician" means a physician who has primary responsibility for the care of a terminally ill individual and the treatment of the individual's terminal illness.
(3)
"Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a terminally ill individual's illness.
(4)
"Health-care provider" or "provider" means a person who is licensed, certified, registered, or otherwise authorized or permitted by law to administer health care or dispense medication in the ordinary course of business or practice of a profession. The term includes a health-care facility, including a long-term care facility as defined in section
25-3-103.7 (1)
(f.3) and a continuing care retirement community as described in section
25.5-6-203 (1)(c)(I)(A)
.
(5)
"Informed decision" means a decision that is:
(a)
Made by an individual to obtain a prescription for medical aid-in-dying medication that the qualified individual may decide to self-administer to end his or her life in a peaceful manner;
(b)
Based on an understanding and acknowledgment of the relevant facts; and
(c)
Made after the attending physician fully informs the individual of:
(I)
His or her medical diagnosis and prognosis of six months or less;
(II)
The potential risks associated with taking the medical aid-in dying medication to be prescribed;
(III)
The probable result of taking the medical aid-in-dying medication to be prescribed;
(IV)
The choices available to an individual that demonstrate his or her self-determination and intent to end his or her life in a peaceful manner, including the ability to choose whether to:
(A)
Request medical aid in dying;
(B)
Obtain a prescription for medical aid-in-dying medication to end his or her life;
(C)
Fill the prescription and possess medical aid-in-dying medication to end his or her life; and
(D)
Ultimately self-administer the medical aid-in-dying medication to bring about a peaceful death; and
(V)
All feasible alternatives or additional treatment opportunities, including comfort care, palliative care, hospice care, and pain control.
(6)
"Licensed mental health professional" means a psychiatrist licensed under article
240
of title
12
or a psychologist licensed under part 3 of article
245
of title
12
.
(7)
"Medical aid in dying" means the medical practice of a physician prescribing medical aid-in-dying medication to a qualified individual that the individual may choose to self-administer to bring about a peaceful death.
(8)
"Medical aid-in-dying medication" means medication prescribed by a physician pursuant to this article to provide medical aid in dying to a qualified individual.
(9)
"Medically confirmed" means that a consulting physician who has examined the terminally ill individual and the individual's relevant medical records has confirmed the medical opinion of the attending physician.
(10)
"Mental capacity" or "mentally capable" means that in the opinion of an individual's attending physician, consulting physician, psychiatrist or psychologist, the individual has the ability to make and communicate an informed decision to health-care providers.
(11)
"Physician" means a doctor of medicine or osteopathy licensed to practice medicine by the Colorado medical board.
(12)
"Prognosis of six months or less" means a prognosis resulting from a terminal illness that the illness will, within reasonable medical judgment, result in death within six months and which has been medically confirmed.
(13)
"Qualified individual" means a terminally ill adult with a prognosis of six months or less, who has mental capacity, has made an informed decision, is a resident of the state, and has satisfied the requirements of this article in order to obtain a prescription for medical aid-in-dying medication to end his or her life in a peaceful manner.
(14)
"Resident" means an individual who is able to demonstrate residency in Colorado by providing any of the following documentation to his or her attending physician:
(a)
A Colorado driver's license or identification card issued pursuant to article
2
of title
42
, C.R.S.;
(b)
A Colorado voter registration card or other documentation showing the individual is registered to vote in Colorado;
(c)
Evidence that the individual owns or leases property in Colorado; or
(d)
A Colorado income tax return for the most recent tax year.
(15)
"Self-administer" means a qualified individual's affirmative, conscious, and physical act of administering the medical aid-in-dying medication to himself or herself to bring about his or her own death.
(16)
"Terminal illness" means an incurable and irreversible illness that will, within reasonable medical judgment, result in death.
Amended by 2023 Ch. 278,§ 5, eff. 5/30/2023.
Amended by 2019 Ch. 136, § 174, eff. 10/1/2019.
Initiated 2016: Entire article added, Proposition 106, L. 2017, p. 2802, §1, effective upon proclamation of the Governor, December 16, 2016.
This section is set out more than once due to postponed, multiple, or conflicting amendments.