reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DECLARATIONS - FUTURE HEALTH CARE TREATMENT (§§ 15-18-101 — 15-18.7-207) › Article 18.7 - DIRECTIVES CONCERNING ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-207) › Part 2 - DIRECTIVES CONCERNING BEHAVIORAL HEALTH ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-201 — 15-18.7-207) › Section 15-18.7-203 - Amendment and revocation of a behavioral health orders for scope of treatment

(1)
The adult may amend or revoke all or part of his or her behavioral health orders form at any time.
(2)
An amended behavioral health orders form is effective for two years following the date that the adult signed the amended behavioral health orders form, unless the adult executes a new behavioral health orders form, or amends or revokes the amended behavioral health orders form, before the amended behavioral health orders form becomes ineffective.
(3)
In order to execute a valid amendment or revocation, the adult must:
(a)
Execute a new behavioral health orders form; or
(b)
Mark the existing behavioral health orders form in a manner that clearly communicates the intent to amend or revoke all or part of the behavioral health orders form.
(4)
In order for the amendment or revocation to be valid, the amendment or revocation must include:
(a)
The adult's signature or mark, and the date that the adult executed the new behavioral health orders form or amended or revoked the behavioral health orders form;
(b)
Two disinterested witnesses' signatures or marks, and the date that the disinterested witnesses signed the new behavioral health orders form or the amended or revoked behavioral health orders form; and
(c)
(I)
Except as provided in subsection (4)(c)(II) of this section, the agent's signature or mark, and the date that the agent signed the new behavioral health orders form or the amended or revoked behavioral health orders form, if applicable.
(II)
An agent's signature or mark must not be required for an amendment to be valid if the adult is amending the behavioral health orders form to remove the agent.
(5)
Emergency medical service personnel, a health-care provider, or an agent who becomes aware of a new, amended, or revoked behavioral health orders form shall promptly communicate the fact to a health-care provider who is providing care to the adult who is the subject of the behavioral health orders form.
(6)
A properly executed new, amended, or revoked behavioral health orders form controls over a previously executed behavioral health orders form.
Added by 2019 Ch. 60,§ 2, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1044), ch. 207, p. 207, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DECLARATIONS - FUTURE HEALTH CARE TREATMENT (§§ 15-18-101 — 15-18.7-207) › Article 18.7 - DIRECTIVES CONCERNING ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-207) › Part 2 - DIRECTIVES CONCERNING BEHAVIORAL HEALTH ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-201 — 15-18.7-207) › Section 15-18.7-204 - Effect of behavioral health orders for scope of treatment

(1)
In executing a behavioral health orders form, the adult, agent, and the health-care provider shall make a good-faith effort to locate and incorporate, as appropriate and desired, the behavioral health treatment, medication, and alternative treatment decisions, preferences, or history documented in the adult's behavioral health orders form.
(2)
Except as otherwise provided in subsection (3)(a) of this section, in case of a conflict between a behavioral health orders form and an adult's advance medical directive, the document most recently executed controls for the behavioral health treatment, medication, or alternative treatment decision or preference at issue.
(3)
Notwithstanding any provision of this part 2 to the contrary:
(a)
An agent or health-care provider may not revoke or amend the adult's previously executed advance medical directive regarding provision of artificial nutrition or hydration if the directive is documented in a declaration executed by the adult pursuant to the "Colorado Medical Treatment Decision Act", article
18
of this title 15;
(b)
An agent may not revoke a preexisting CPR directive unless it was originally executed by the agent;
(c)
An agent who is a proxy decision-maker pursuant to article
18.5
of this title 15 may authorize the withdrawal of artificial nutrition or hydration only in accordance with section
15-18.5-103(6)
.
Added by 2019 Ch. 60,§ 2, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1044), ch. 208, p. 208, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DECLARATIONS - FUTURE HEALTH CARE TREATMENT (§§ 15-18-101 — 15-18.7-207) › Article 18.7 - DIRECTIVES CONCERNING ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-207) › Part 2 - DIRECTIVES CONCERNING BEHAVIORAL HEALTH ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-201 — 15-18.7-207) › Section 15-18.7-206 - Behavioral health orders for scope of treatment not required for treatment

A health-care facility or a health-care provider shall not require an adult to have executed a behavioral health orders form as a condition of being admitted to, or receiving behavioral health treatment, medication, or alternative treatment from, the health-care facility or health-care provider.
Added by 2019 Ch. 60,§ 2, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1044), ch. 210, p. 210, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DECLARATIONS - FUTURE HEALTH CARE TREATMENT (§§ 15-18-101 — 15-18.7-207) › Article 18.7 - DIRECTIVES CONCERNING ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-207) › Part 2 - DIRECTIVES CONCERNING BEHAVIORAL HEALTH ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-201 — 15-18.7-207) › Section 15-18.7-207 - Effect of a behavioral health orders for scope of treatment on life or health insurance

An insurer may not refuse to insure, refuse to continue to insure, or limit the amount, extent, or kind of coverage available for life insurance, health insurance, or within an annuity to an individual, or charge an individual a different rate for the same coverage, solely because such individual executed a behavioral health orders form or has not executed a behavioral health orders form. With respect to all other conditions, persons who have executed a behavioral health orders form must be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are persons who have not executed a behavioral health orders form.
Added by 2019 Ch. 60,§ 2, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1044), ch. 211, p. 211, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 1 - DISPOSITION OF LAST REMAINS (§§ 15-19-101 — 15-19-110) › Section 15-19-101 - Short title

The short title of this part 1 is the "Disposition of Last Remains Act".
Amended by 2017 Ch. 158,§ 9, eff. 8/9/2017.
L. 2003: Entire article added, p. 1348, § 1, effective August 6. L. 2017: Entire section amended, (SB 17-223), ch. 158, p. 559, § 9, effective August 9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 1 - DISPOSITION OF LAST REMAINS (§§ 15-19-101 — 15-19-110) › Section 15-19-102 - Legislative declaration - construction

(1)
The general assembly finds and declares that:
(a)
A competent adult individual has the right and power to direct the disposition of his or her remains after death and should be protected from interested persons who may try to impose their wishes regarding such disposition contrary to the deceased's desires.
(b)
A statute that determines priority of individuals to direct the disposition of a decedent's remains is necessary if the decedent fails to direct such disposition or fails to provide the resources necessary to carry out such disposition or if a dispute arises between interested persons regarding such disposition.
(c)
The right to direct the disposition of one's remains must be stated in writing to better protect a third party who relies in good faith on such decisions.
(2)
This part 1 shall be interpreted liberally to carry out a decedent's intent when not conflicting with this part 1.
(3)
This part 1 shall not be construed to:
(a)
Subject to section
15-19-104(3)
, invalidate a declaration or a will, codicil, trust, power of appointment, or power of attorney;
(b)
Invalidate any act of an agent, guardian, or conservator;
(c)
Affect any claim, right, or remedy that accrued prior to August 6, 2003;
(d)
Authorize or encourage acts that violate the constitution, statutes, rules, case law, or public policy of Colorado or the United States;
(e)
Abridge contracts;
(f)
Modify the standards, ethics, or protocols of the practice of medicine;
(g)
Compel or authorize a health-care provider or health-care facility, as defined in section
15-14-505
, to administer medical treatment that is medically inappropriate or contrary to federal or other Colorado law; or
(h)
Permit or authorize euthanasia or an affirmative or deliberate act to end a person's life.
Amended by 2017 Ch. 158,§ 10, eff. 8/9/2017.
L. 2003: Entire article added, p. 1348, § 1, effective August 6. L. 2006: (1)(b), (1)(c), and (3)(a) amended, p. 897, § 1, effective August 7. L. 2017: (2) and IP(3) amended, (SB 17-223), ch. 158, p. 559, § 10, effective August 9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 1 - DISPOSITION OF LAST REMAINS (§§ 15-19-101 — 15-19-110) › Section 15-19-105 - Reliance - declarations

(1)
(a)
A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration that appears to be legally executed shall not be subject to civil liability or administrative discipline for such reliance.
(b)
(I)
A third party, when presented with a declaration, may presume in the absence of actual knowledge to the contrary:
(A)
That the declaration was validly executed;
(B)
That the declarant was competent when the instrument was executed; and
(C)
That the declaration has not been revoked.
(II)
A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant's instructions in the declaration.
(2)
A declaration shall be binding on all persons with an interest in the disposition of the declarant's remains. Section
15-19-106(1)
shall not vest a right to control disposition or ceremonial arrangements that conflict with those made by a declaration. If the declaration conflicts with the directions of any other person, the declaration shall control, and a third party shall provide for the lawful disposition according to the declaration so long as:
(a)
No challenge to the validity of the declaration exists under subsection (3) of this section; and
(b)
The deceased provided the resources necessary to carry out the disposition.
(3)
A challenge to the validity of the declaration or the competency of the declarant when the declaration was executed shall be resolved by the probate court. A third party who knows a declaration has been challenged shall not be liable for refusing to accept, inter, cremate, or otherwise dispose of a declarant's remains until the third party receives a court order or other reasonable confirmation that the challenge has been resolved or settled.
L. 2003: Entire article added, p. 1351, § 1, effective August 6. L. 2006: Entire section amended, p. 899, § 4, effective August 7.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 1 - DISPOSITION OF LAST REMAINS (§§ 15-19-101 — 15-19-110) › Section 15-19-108 - Interstate effect of declaration

(1)
Unless otherwise stated in a declaration, it shall be presumed that the declarant intends to have his or her declaration executed pursuant to this part 1 and recognized to the fullest extent possible by other states.
(2)
Unless otherwise provided in the declaration, a declaration or similar instrument executed in another state that complies with the requirements of this part 1 may, in good faith, be relied upon by a third party in this state if an action requested by the declarant does not violate any law of the federal government, Colorado, or a political subdivision.
Amended by 2017 Ch. 158,§ 13, eff. 8/9/2017.
L. 2003: Entire article added, p. 1355, § 1, effective August 6. L. 2006: Entire section amended, p. 904, § 7, effective August 7. L. 2017: Entire section amended, (SB 17-223), ch. 158, p. 560, § 13, effective August 9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 1 - DISPOSITION OF LAST REMAINS (§§ 15-19-101 — 15-19-110) › Section 15-19-109 - Effect of criminal charges

A person who has been arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article
3
of title
18
, C.R.S., involving the death of the deceased person, shall not direct the final disposition of the deceased person or arrange the ceremonies for the deceased person. If charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime before final disposition of the deceased person's body, this section shall not apply.
L. 2009: Entire section added with relocations, (HB 09-1202), ch. 422, p. 2344, §7, effective July 1.
This section is similar to former § 12-54-109 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 1 - DISPOSITION OF LAST REMAINS (§§ 15-19-101 — 15-19-110) › Section 15-19-110 - Natural reduction

A person may use natural reduction for the final disposition of last remains or as a step in the final disposition of last remains.
Added by 2021 Ch. 123,§3, eff. 9/7/2021.
Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act adding this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.
2021 Ch. 123, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-201 - Short title

The short title of this part 2 is the "Revised Uniform Anatomical Gift Act".
Renumbered from C.R.S. § 12-34-101 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 538, § 1, effective August 9.
This section is similar to former § 12-34-101 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-203 - Applicability

This part 2 applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
Renumbered from C.R.S. § 12-34-103 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 541, § 1, effective August 9.
This section is similar to former § 12-34-103 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-204 - Who may make anatomical gift before donor's death

Subject to section
15-19-208
, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section
15-19-205
by:
(1)
The donor, if the donor is an adult or if the donor is a minor and is:
(A)
Emancipated; or
(B)
Authorized under state law to apply for a driver's license because the donor is at least sixteen years of age;
(2)
An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3)
A parent of the donor, if the donor is an unemancipated minor; or
(4)
The donor's guardian.
Renumbered from C.R.S. § 12-34-104 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 541, § 1, effective August 9.
This section is similar to former § 12-34-104 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-205 - Manner of making anatomical gift before donor's death

(a)
A donor may make an anatomical gift:
(1)
By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2)
In a will;
(3)
During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4)
As provided in subsection (b) of this section.
(b)
A donor or other person authorized to make an anatomical gift under section
15-19-204
may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1)
(A)
Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; or
(B)
Be acknowledged before a notary public or other individual authorized by law to take acknowledgments, unless a court determines that this subsection (b)(1)(B) should not apply to the record in the interest of justice; and
(2)
State that it has been signed and witnessed or acknowledged as provided in subsection (b)(1) of this section.
(c)
Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d)
An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
Amended by 2021 Ch. 115,§3, eff. 5/7/2021.
Renumbered from C.R.S. § 12-34-105 and amended by 2017 Ch. 158,§1, eff. 8/9/2017.
(1) This section is similar to former § 12-34-105 as it existed prior to 2017.
(2) Section 4 of chapter 115 (SB 21-195), Session Laws of Colorado 2021, provides that the act changing this section applies to declarations and records executed before, on, or after May 7, 2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-206 - Amending or revoking anatomical gift before donor's death

(a)
Subject to section
15-19-208
, a donor or other person authorized to make an anatomical gift under section
15-19-204
may amend or revoke an anatomical gift by:
(1)
A record signed by:
(A)
The donor;
(B)
The other person; or
(C)
Subject to subsection (b) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2)
A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b)
A record signed pursuant to subsection (a)(1)(C) of this section must:
(1)
Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2)
State that it has been signed and witnessed as provided in subsection (b)(1) of this section.
(c)
Subject to section
15-19-208
, a donor or other person authorized to make an anatomical gift under section
15-19-204
may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d)
A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(e)
A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.
Renumbered from C.R.S. § 12-34-106 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 542, § 1, effective August 9.
This section is similar to former § 12-34-106 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-207 - Refusal to make anatomical gift - effect of refusal

(a)
An individual may refuse to make an anatomical gift of the individual's body or part by:
(1)
A record signed by:
(A)
The individual; or
(B)
Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(2)
The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3)
Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b)
A record signed pursuant to subsection (a)(1)(B) of this section must:
(1)
Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2)
State that it has been signed and witnessed as provided in subsection (b)(1) of this section.
(c)
An individual who has made a refusal may amend or revoke the refusal:
(1)
In the manner provided in subsection (a) of this section for making a refusal;
(2)
By subsequently making an anatomical gift pursuant to section
15-19-205
that is inconsistent with the refusal; or
(3)
By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d)
Except as otherwise provided in section
15-19-208(h)
, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
Renumbered from C.R.S. § 12-34-107 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 543, § 1, effective August 9.
This section is similar to former § 12-34-107 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-208 - Preclusive effect of anatomical gift, amendment, or revocation

(a)
Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section
15-19-205
or an amendment to an anatomical gift of the donor's body or part under section
15-19-206
.
(b)
A donor's revocation of an anatomical gift of the donor's body or part under section
15-19-206
is not a refusal and does not bar another person specified in section
15-19-204
or
15-19-209
from making an anatomical gift of the donor's body or part under section
15-19-205
or
15-19-210
.
(c)
If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under section
15-19-205
or an amendment to an anatomical gift of the donor's body or part under section
15-19-206
, another person may not make, amend, or revoke the gift of the donor's body or part under section
15-19-210
.
(d)
A revocation of an anatomical gift of a donor's body or part under section
15-19-206
by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section
15-19-205
or
15-19-210
.
(e)
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section
15-19-204
, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f)
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section
15-19-204
, an anatomical gift of a part for one or more of the purposes set forth in section
15-19-204
is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section
15-19-205
or
15-19-210
.
(g)
If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h)
If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
Renumbered from C.R.S. § 12-34-108 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 544, § 1, effective August 9.
This section is similar to former § 12-34-108 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-209 - Who may make anatomical gift of decedent's body or part

(a)
Subject to subsections (b) and (c) of this section and unless barred by section
15-19-207
or
15-19-208
, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1)
An agent of the decedent at the time of death who could have made an anatomical gift under section
15-19-204(2)
immediately before the decedent's death;
(2)
The spouse of the decedent;
(2.5)
A person who is designated by the decedent as a designated beneficiary in a designated beneficiary agreement pursuant to article
22
of this title 15, with the right to be an agent to make, revoke, or object to anatomical gifts of the decedent;
(3)
Adult children of the decedent;
(4)
Parents of the decedent;
(5)
Adult siblings of the decedent;
(6)
Adult grandchildren of the decedent;
(7)
Grandparents of the decedent;
(8)
An adult who exhibited special care and concern for the decedent;
(9)
The persons who were acting as the guardians of the person of the decedent at the time of death; and
(10)
Any other person having the authority to dispose of the decedent's body.
(b)
If there is more than one member of a class listed in subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section
15-19-211
knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c)
A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.
Renumbered from C.R.S. § 12-34-109 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 544, § 1, effective August 9.
This section is similar to former § 12-34-109 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-210 - Manner of making, amending, or revoking anatomical gift of decedent's body or part

(a)
A person authorized to make an anatomical gift under section
15-19-209
may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b)
Subject to subsection (c) of this section, an anatomical gift by a person authorized under section
15-19-209
may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section
15-19-209
may be:
(1)
Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2)
Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c)
A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
Renumbered from C.R.S. § 12-34-110 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 545, § 1, effective August 9.
This section is similar to former § 12-34-110 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-212 - Search and notification

(Reserved)
Renumbered from C.R.S. § 12-34-112 and amended by 2017 Ch. 158, § 1, eff. 8/9/2017.
This section is similar to former § 12-34-112 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-213 - Delivery of document of gift not required - right to examine

(a)
A document of gift need not be delivered during the donor's lifetime to be effective.
(b)
Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section
15-19-211
.
Renumbered from C.R.S. § 12-34-113 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 547, § 1, effective August 9.
This section is similar to former § 12-34-113 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-215 - Coordination of procurement and use

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
Renumbered from C.R.S. § 12-34-115 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 549, § 1, effective August 9.
This section is similar to former § 12-34-115 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-216 - Sale or purchase of parts prohibited

(a)
Except as otherwise provided in subsection (b) of this section, a person that knowingly acquires, receives, or otherwise transfers a part for valuable consideration for transplantation may be liable as specified in
42 U.S.C. sec. 274e
.
(b)
A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
Renumbered from C.R.S. § 12-34-116 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 549, § 1, effective August 9.
This section is similar to former § 12-34-116 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-217 - Other prohibited acts

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a class 2 misdemeanor as specified in section
18-1.3-501
.
Amended by 2021 Ch. 462,§163, eff. 3/1/2022.
Renumbered from C.R.S. § 12-34-117 and amended by 2017 Ch. 158,§1, eff. 8/9/2017.
(1) This section is similar to former § 12-34-117 as it existed prior to 2017.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-218 - Immunity

(a)
A person that acts in accordance with this part 2 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(b)
Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c)
In determining whether an anatomical gift has been made, amended, or revoked under this part 2, a person may rely upon representations of an individual listed in section
15-19-209(a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8)
relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Renumbered from C.R.S. § 12-34-118 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 549, § 1, effective August 9.
This section is similar to former § 12-34-118 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-219 - Law governing validity - choice of law as to execution of document of gift - presumption of validity

(a)
A document of gift is valid if executed in accordance with:
(1)
This part 2;
(2)
The laws of the state or country where it was executed; or
(3)
The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b)
If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c)
A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Renumbered from C.R.S. § 12-34-119 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 550, § 1, effective August 9.
This section is similar to former § 12-34-119 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-220 - Donor registry

(a)
The department of revenue may establish or contract for the establishment of a donor registry.
(b)
The department of revenue shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.
(c)
A donor registry must:
(1)
Allow a donor or other person authorized under section
15-19-204
to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(2)
Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and
(3)
Be accessible for purposes of subsection (c)(1) and (c)(2) of this section seven days a week on a twenty-four-hour basis.
(d)
Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
(e)
This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d) of this section.
Renumbered from C.R.S. § 12-34-120 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 550, § 1, effective August 9.
This section is similar to former § 12-34-120 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-221 - Effect of anatomical gift on advance health-care directive - definitions

(a)
In this section:
(1)
"Advance health-care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor.
(2)
"Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(3)
"Health-care decision" means any decision regarding the health care of the prospective donor.
(b)
If a prospective donor has a declaration or health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this article to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section
15-19-209
. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
Renumbered from C.R.S. § 12-34-121 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 551, § 1, effective August 9.
This section is similar to former § 12-34-121 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-222 - Cooperation between coroner and procurement organization

(a)
A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation or therapy.
(b)
Subject to section
15-19-223
, if a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, the coroner or designee shall make every reasonable effort to conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift and the medicolegal death investigation.
(c)
A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection (c) does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
Renumbered from C.R.S. § 12-34-122 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 551, § 1, effective August 9.
This section is similar to former § 12-34-122 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-224 - Uniformity of application and construction

In applying and construing this part 2, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Renumbered from C.R.S. § 12-34-124 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 554, § 1, effective August 9.
This section is similar to former § 12-34-124 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 2 - REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 15-19-201 — 15-19-225) › Section 15-19-225 - Relation to "Electronic Signatures in Global and National Commerce Act"

This part 2 modifies, limits, and supersedes the "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
et seq., but does not modify, limit, or supersede section 101 (a) of that act,
15 U.S.C. sec. 7001
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003(b)
.
Renumbered from C.R.S. § 12-34-125 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 554, § 1, effective August 9.
This section is similar to former § 12-34-125 as it existed prior to 2017.