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 15-18.7-205 - Duty to comply with behavioral health orders for scope of treatment - immunity - effect on criminal charges against another person - transferability

(1)
(a)
Except as otherwise provided in this section, emergency medical service personnel, a health-care provider, or a health-care facility shall comply with an adult's executed behavioral health orders form that:
(I)
Has been executed in this state or another state;
(II)
Is apparent and immediately available; and
(III)
Reasonably satisfies the requirements specified in section
15-18.7-202
.
(b)
The emergency medical service personnel, a health-care provider, or a health-care facility shall comply with the behavioral health orders form as required by subsection (1)(a) of this section unless the adult's instruction on the behavioral health orders form will cause substantial harm to the adult. If the adult's instruction on the behavioral health orders form will cause substantial harm to the adult, the emergency medical service personnel, health-care provider, or health-care facility shall make a good-faith effort to consult with the adult's agent, if applicable, and offer an alternative course of treatment.
(c)
In case of a conflict between the adult's behavioral health orders form and the adult's request for behavioral health treatment, medication, or alternative treatment decision or preference, the behavioral health orders form controls for the behavioral health treatment, medication, or alternative treatment decision or preference at issue.
(2)
Emergency medical service personnel, a health-care provider, a health-care facility, or any other person who complies with a legally executed behavioral health orders form that is apparent and immediately available and that he or she believes to be the most current version of the behavioral health orders form is not subject to civil or criminal liability or regulatory sanction for such compliance.
(3)
Compliance by emergency medical service personnel, a health-care provider, or a health-care facility with an executed behavioral health orders form must not affect the criminal prosecution of a person otherwise charged with the commission of a criminal act.
(4)
(a)
Nothing in this part 2 modifies or alters any generally accepted ethics, standards, protocols, or laws for emergency medical service personnel, a health-care provider, or a health-care facility, including the provisions in section
15-18.6-108
concerning euthanasia and mercy killing.
(b)
A behavioral health orders form does not compel or authorize emergency medical service personnel, a health-care provider, or a health-care facility to administer behavioral health treatment, medication, or alternative treatment that is prohibited by state or federal law.
(5)
If the adult who is known to have properly executed and signed a behavioral health orders form is transferred from one health-care facility or health-care provider to another, the transferring health-care facility or health-care provider shall communicate the existence of the behavioral health orders form to the receiving health-care facility or health-care provider before the transfer. The transferring health-care facility or health-care provider shall ensure that the behavioral health orders form or a copy of the behavioral health orders form accompanies the adult upon admission to or discharge from a health-care facility.
(6)
(a)
Nothing in this part 2 allows an adult to include in his or her behavioral health orders form an instruction that exempts the adult from an involuntary emergency procedure or commitment authorized pursuant to state law. Any instruction that attempts to exempt the adult from an involuntary emergency procedure or commitment authorized pursuant to state law is void.
(b)
Notwithstanding an instruction on an adult's behavioral health orders form that states to exempt the adult from an involuntary emergency procedure or commitment authorized pursuant to state law, any person authorized to perform an involuntary emergency procedure or commitment pursuant to state law and who complies with the requirements of an involuntary emergency procedure or commitment pursuant to state law is not subject to civil or criminal liability or regulatory sanction.
Added by 2019 Ch. 60,§2, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1044), ch. 209, p. 209, §2, effective August 2.