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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-102 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
Colorado law has traditionally recognized the right of an adult to accept or reject medical or surgical treatment;
(b)
Recent advances in medical science have made it possible to prolong the dying process through the use of medical or surgical procedures;
(c)
The use of such medical or surgical procedures increasingly involves patients who have a terminal condition or are in a persistent vegetative state, and lack decisional capacity to accept or reject medical or surgical treatment;
(d)
The traditional right to accept or reject medical or surgical treatment should be available to an adult while he or she has decisional capacity, notwithstanding the fact that such medical or surgical treatment may be offered or applied when he or she has a terminal condition or is in a persistent vegetative state, and lacks decisional capacity to accept or reject medical or surgical treatment;
(e)
This article affirms the traditional right to accept or reject medical or surgical treatment, and creates a procedure by which an adult with decisional capacity may make such decisions in advance of medical need;
(f)
It is the intent of the general assembly that nothing in this article shall have the effect of modifying or changing currently practiced medical ethics or protocol with respect to any patient in the absence of a declaration as provided for in section
15-18-104
;
(g)
It is the intent of the general assembly that nothing in this article shall require any adult to execute a declaration.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 375, §1, effective August 11.
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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-103 - Definitions

As used in this article 18, unless the context otherwise requires:
(1)
"Adult" means any person eighteen years of age or older.
(2)
"Advanced practice registered nurse" means a nurse who is included in the advanced practice registry pursuant to section
12-255-111
.
(3)
"Artificial nutrition and hydration" means:
(a)
Nutrition or hydration supplied through a tube inserted into the stomach or intestines; or
(b)
Nutrients or fluids injected intravenously into the bloodstream.
(4)
"Attending physician" means the physician, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.
(5)
"Court" means the district court of the county in which a declarant having a terminal condition or in a persistent vegetative state is located at the time of commencement of a proceeding pursuant to this article or, if in the city and county of Denver, the probate court.
(6)
"Decisional capacity" means the ability to provide informed consent to or refusal of medical treatment or the ability to make an informed health-care benefit decision.
(7)
"Declarant" means an adult possessing decisional capacity who executes a declaration.
(8)
"Declaration" means a written document voluntarily executed by a declarant in accordance with the requirements of section
15-18-104
.
(9)
"Hospital" means an institution holding a license or certificate of compliance as a hospital issued by the department of public health and environment and includes hospitals operated by the federal government in Colorado.
(10)
"Life-sustaining procedure" means any medical procedure or intervention that, if administered to a qualified patient, would serve only to prolong the dying process, and shall not include any medical procedure or intervention for nourishment of the qualified patient or considered necessary by the attending physician or advanced practice registered nurse to provide comfort or alleviate pain.
(11)
"Persistent vegetative state" is defined by reference to the criteria and definitions employed by prevailing community medical standards of practice.
(12)
"Physician" means a person duly licensed under the provisions of article
240
of title
12
.
(13)
"Qualified patient" means a patient who has executed a declaration in accordance with this article and who has been certified by his or her attending physician and one other physician to have a terminal condition or be in a persistent vegetative state.
(14)
"Terminal condition" means an incurable or irreversible condition for which the administration of life-sustaining procedures will serve only to prolong the dying process.
Amended by 2019 Ch. 136,§81, eff. 10/1/2019.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 376, §1, effective August 11.
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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-105 - Inability of declarant to sign

(1)
In the event that the declarant is physically unable to sign the declaration, it may be signed by some other person in the declarant's presence and at the declarant's direction. The other person shall not be:
(a)
The attending physician or any other physician;
(b)
An employee of the attending physician or health-care facility in which the declarant is a patient;
(c)
A person who has a claim against any portion of the estate of the declarant at his or her death at the time the declaration is signed; or
(d)
A person who knows or believes that he or she is entitled to any portion of the estate of the declarant upon the declarant's death either as a beneficiary of a will in existence at the time the declaration is signed or as an heir at law.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 379, §1, effective August 11.
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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-106 - Witnessed or notarized declaration

(1)
Except as otherwise provided in section
15-18-105
, a declaration must be:
(a)
Signed by the declarant in the presence of two witnesses; or
(b)
Signed by the declarant and acknowledged before a notary public or other individual authorized by law to take acknowledgments, unless a court determines that this subsection (1)(b) should not apply to the declaration in the interest of justice.
(2)
For the purposes of this section, a person specified in section
15-18-105
shall not be a witness, notary public, or other individual authorized by law to take acknowledgments.
Amended by 2021 Ch. 115,§1, eff. 5/7/2021.
L. 2010: Entire article R & RE, (HB 10-1025), ch. 379, p. 379, §1, effective August 11.
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) › DECLARATIONS - FUTURE HEALTH CARE TREATMENT (§§ 15-18-101 — 15-18.7-207) › Article 18 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-107 - Withdrawal - withholding of life-sustaining procedures

In the event that an attending physician is presented with an unrevoked declaration executed by a declarant whom the physician believes has a terminal condition or is in a persistent vegetative state, and lacks decisional capacity to accept or reject medical or surgical treatment, the attending physician shall order the declarant to be examined by one other physician. If both physicians find that the declarant has a terminal condition or is in a persistent vegetative state, and lacks decisional capacity to accept or reject medical or surgical treatment, they shall certify such fact in writing and enter such in the qualified patient's medical record of the hospital in which the withholding or withdrawal of life-sustaining procedures or artificial nutrition and hydration may occur, together with a copy of the declaration. If the attending physician has actual knowledge of the whereabouts of either the qualified patient's agent under a medical power of attorney or, without regard to order, the patient's spouse, a person designated under the "Colorado Designated Beneficiary Agreement Act", as described in article
22
of this title, any of his or her adult children, a parent, sibling, or any other person designated in writing by the qualified patient, the attending physician shall immediately make a reasonable effort to notify at least one of said persons that a certificate has been signed. If no action to challenge the validity of a declaration has been filed within forty-eight hours after the certification is made by the physicians, the attending physician shall then withdraw or withhold all life-sustaining procedures or artificial nutrition and hydration pursuant to the terms of the declaration.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 379, §1, effective August 11.
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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-109 - Revocation of declaration

A declaration may be revoked by the declarant orally, in writing, or by burning, tearing, canceling, obliterating, or destroying said declaration.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 381, §1, effective August 11.
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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-110 - Liability

(1)
With respect to any declaration that appears on its face to have been executed in accordance with the requirements of this article:
(a)
Any physician or advanced practice registered nurse may act in compliance with such declaration in the absence of actual notice of revocation, fraud, misrepresentation, or improper execution;
(b)
A physician who signs a certificate withholding or withdrawing life-sustaining procedures in compliance with a declaration shall not be subject to civil liability, criminal penalty, or licensing sanctions therefor;
(c)
A hospital or person acting under the direction of a physician and participating in the withholding or withdrawal of life-sustaining procedures in compliance with a declaration shall not be subject to civil liability, criminal penalty, or licensing sanctions therefor; and
(d)
An advanced practice registered nurse who withholds or withdraws life-sustaining procedures in compliance with a declaration shall not be subject to civil liability, criminal penalty, or licensing sanctions therefor.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 381, §1, effective August 11.
For other circumstances under which physicians are not subject to civil or criminal liability, see §§13-21-108 and 13-22-106.
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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-111 - Determination of suicide or homicide - effect of declaration on insurance

The withholding or withdrawal of life-sustaining procedures from a qualified patient pursuant to this article shall not, for any purpose, constitute a suicide or a homicide. The existence of a declaration shall not affect, impair, or modify any contract of life insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of life insurance or any increase of the premium therefor. No insurer or provider of health care shall require any person to execute a declaration as a condition of being insured for or receiving health-care services, nor shall the failure to execute a declaration be the basis for any increased or additional premium for a contract or policy for medical or health insurance.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 381, §1, effective August 11.
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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-112 - Application of article

(1)
Nothing in this article shall be construed as altering or amending the standards of the practice of medicine or nursing or establishing any presumption, absent a valid declaration, nor as condoning, authorizing, or approving euthanasia or mercy killing, nor as permitting any affirmative or deliberate act or omission to end life, except to permit natural death as provided in this article. Nothing in this article shall require the provision or continuation of medical treatment contrary to the standards of the practice of medicine.
(2)
A diagnosis of persistent vegetative state shall be performed by a qualified medical professional according to standards of the practice of medicine. Nothing in this article shall be interpreted to define "persistent vegetative state" in contradiction of standards of the practice of medicine.
(3)
In the event of any conflict between the provisions of this article, or a declaration executed under this article, and the provisions of section
15-14-501
, the provisions of this article and the declaration shall prevail.
(4)
Notwithstanding the provisions of subsection (3) of this section, a declarant may include within the declaration or within any power of attorney executed by the declarant a written statement to the effect that the agent under power of attorney may override the provisions of the declaration.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 381, §1, effective August 11.
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 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-113 - Penalties - refusal - transfer

(1)
A person who willfully conceals, defaces, damages, or destroys a declaration of another person, without the knowledge and consent of the declarant, commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(2)
A person who falsifies or forges a declaration of another person commits a class 5 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
(3)
If a person falsifies or forges a declaration of another person and the terms of the declaration are carried out, resulting in the death of the purported declarant, the person commits a class 2 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
(4)
A person who willfully withholds information concerning the revocation of a declaration of another person commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(5)
An attending physician or advanced practice registered nurse who refuses to comply with the terms of a declaration valid on its face shall transfer the care of the declarant to another physician or advanced practice registered nurse who is willing to comply with the declaration. Refusal of an attending physician or advanced practice registered nurse to comply with a declaration and failure to transfer the care of the declarant to another physician or advanced practice registered nurse shall constitute unprofessional conduct as defined in section
12-240-121
or grounds for discipline pursuant to section
12-255-120
.
Amended by 2021 Ch. 462,§162, eff. 3/1/2022.
Amended by 2019 Ch. 136,§82, eff. 10/1/2019.
L. 2010: Entire article R & RE, (HB 10-1025), ch. 382, p. 382, §1, effective August 11; (5) amended, (HB 10-1422), ch. 2126, p. 2126, § 189, effective August 11.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section 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) › DECLARATIONS - FUTURE HEALTH CARE TREATMENT (§§ 15-18-101 — 15-18.7-207) › Article 18.5 - PROXY AND SURROGATE DECISION-MAKERS FOR MEDICAL TREATMENT AND HEALTH-CARE BENEFIT DECISIONS (§§ 15-18.5-101 — 15-18.5-105) › Section 15-18.5-101 - Legislative declaration - construction of statute

(1)
The general assembly hereby finds, determines, and declares that:
(a)
All adult persons have a fundamental right to make their own medical treatment and health-care benefit decisions, including decisions regarding medical treatment, artificial nourishment and hydration, and private or public health-care benefits;
(b)
The lack of decisional capacity to provide informed consent to or refusal of medical treatment should not preclude such decisions from being made on behalf of a person who lacks such decisional capacity and who has no known advance medical directive, or whose wishes are not otherwise known; and
(c)
The enactment of legislation to authorize proxy decision-makers to make medical treatment decisions and surrogate decision-makers to make health-care benefit decisions on behalf of persons lacking the decisional capacity to provide informed consent to or refusal of medical treatment is appropriate.
(2)
The general assembly does not intend to encourage or discourage any particular medical treatment or to interfere with or affect any method of religious or spiritual healing otherwise permitted by law.
(3)
Nothing in this article shall be construed as condoning, authorizing, or approving euthanasia or mercy killing. In addition, the general assembly does not intend that this article be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this article.
L. 92: Entire article added, p. 1984, § 3, effective June 4. L. 2006: (1)(a) and (1)(c) amended, p. 841, § 3, effective May 4.
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 18.5 - PROXY AND SURROGATE DECISION-MAKERS FOR MEDICAL TREATMENT AND HEALTH-CARE BENEFIT DECISIONS (§§ 15-18.5-101 — 15-18.5-105) › Section 15-18.5-102 - Definitions applicable to medical durable power of attorney - applicability

(1)
The definitions set forth in section
15-14-505
shall apply to the provisions of this article.
(2)
The provisions of sections
15-14-506
to
15-14-509
shall apply to this article. In addition, proxy decision-makers, surrogate decision-makers for health-care benefits, health-care providers, and health-care facilities shall be subject to the provisions of this article.
L. 92: Entire article added, p. 1985, § 3, effective June 4. L. 2006: (2) amended, p. 841, § 4, effective May 4.
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 18.5 - PROXY AND SURROGATE DECISION-MAKERS FOR MEDICAL TREATMENT AND HEALTH-CARE BENEFIT DECISIONS (§§ 15-18.5-101 — 15-18.5-105) › Section 15-18.5-105 - Statutory form for certificate of appointment of surrogate decision-makers for health-care benefits

The following statutory form for certificate of appointment of surrogate decision-maker for health-care benefits is legally sufficient:
CERTIFICATE OF APPOINTMENT OF A SURROGATE DECISION-MAKER FOR HEALTH-CARE BENEFITS
(1)
I,
(name of attending physician)
, the attending physician, certify that
(name of person for whom decisions are being made)
lacks the decisional capacity to make health-care benefit decisions. I further certify that I have made the necessary documentation to the medical record.
(2)
I,
(name of attending physician)
, the attending physician or designee, hereby appoint
(name of surrogate)
,
(driver's license number or state ID number)
as the surrogate decision-maker for health-care benefits on behalf of
(name of person for whom decisions are being made)
,
(address, city, state)
pursuant to section
15-18.5-104
, C.R.S.
(3)
(Name of surrogate)
shall have access to all necessary personal health information as defined by the federal Health Insurance Portability and Accountability Act and any financial information necessary to make appropriate health-care benefit decisions on behalf of
(name of person for whom decisions are being made)
, as provided for in section
15-18.5-104
, C.R.S.
(Name of surrogate)
shall make such decisions in the best interests of
(name of person for whom decisions are being made)
.
Executed this _______ day of _______________, ____.
__________________________
(Attending physician)
(Business address)
(Business phone)
(Business fax)
L. 2006: Entire section added, p. 841, § 5, effective May 4.
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 18.6 - DIRECTIVE RELATING TO CARDIOPULMONARY RESUSCITATION (§§ 15-18.6-101 — 15-18.6-108) › Section 15-18.6-101 - Definitions

As used in this article 18.6, unless the context otherwise requires:
(1)
"Cardiopulmonary resuscitation" or "CPR" means measures to restore cardiac function or to support breathing in the event of cardiac or respiratory arrest or malfunction. "CPR" includes, but is not limited to, chest compression, delivering electric shock to the chest, or placing tubes in the airway to assist breathing.
(2)
"CPR directive" means an advance medical directive pertaining to the administration of cardiopulmonary resuscitation.
(3)
"Emergency medical service personnel" means an emergency medical service provider at any level who is certified or licensed by the department of public health and environment. "Emergency medical service personnel" includes an emergency medical responder registered by the department of public health and environment in accordance with section
25-3.5-1103
.
Amended by 2019 Ch. 396,§ 8, eff. 5/31/2019.
L. 92: Entire article added, p. 1988, § 3, effective June 4. L. 94: (3) amended, p. 2731, § 350, effective July 1. L. 2002: (3) amended, p. 1211, § 7, effective June 3. L. 2012: (3) amended, (HB 12-1059), ch. 1433, p. 1433, § 9, effective July 1; (3) amended, (HB 12-1283), ch. 1131, p. 1131, § 37, effective July 1. L. 2019: IP and (3) amended, (SB 19-242), ch. 3526, p. 3526, § 8, effective May 31.
Amendments to subsection (3) by House Bill 12-1059 and House Bill 12-1283 were harmonized.
For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2012 act amending subsection (3), see section 1 of chapter 240, Session Laws of Colorado 2012.
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 18.6 - DIRECTIVE RELATING TO CARDIOPULMONARY RESUSCITATION (§§ 15-18.6-101 — 15-18.6-108) › Section 15-18.6-102 - CPR directives for CPR - who may execute

Any adult over age eighteen who has the decisional capacity to provide informed consent to or refusal of medical treatment or any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of an adult who lacks such decisional capacity, may execute a CPR directive. After a physician issues a "do not resuscitate" order for a minor child, and only then, may the parents of the minor, if married and living together, the custodial parent or parent with decision-making responsibility for such a decision, or the legal guardian execute a CPR directive.
L. 92: Entire article added, p. 1988, § 3, effective June 4. L. 94: Entire section amended, p. 1058, § 1, effective May 4. L. 98: Entire section amended, p. 1402, § 54, effective 2/1/1999.
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 18.6 - DIRECTIVE RELATING TO CARDIOPULMONARY RESUSCITATION (§§ 15-18.6-101 — 15-18.6-108) › Section 15-18.6-103 - CPR directive forms - duties of state board of health

(1)
On or before January 1, 1993, the state board of health shall promulgate rules and protocols for the implementation of CPR directives by emergency medical service personnel. The protocols adopted by the board of health shall include uniform methods of identifying persons who have executed a CPR directive. Protocols adopted by the board of health shall include methods for rapid identification of persons who have executed a CPR directive, controlled distribution of the methods of identifying persons who have executed a CPR directive, and the information described in subsection (2) of this section. Nothing in this subsection (1) shall be construed to restrict any other manner in which a person may make a CPR directive.
(2)
CPR directive protocols to be adopted by the state board shall require the following information concerning the person who is the subject of the CPR directive:
(a)
The person's name, date of birth, and sex;
(b)
The person's eye and hair color;
(c)
The person's race or ethnic background;
(d)
If applicable, the name of a hospice program in which the person is enrolled;
(e)
The name, address, and telephone number of the person's attending physician;
(f)
The person's signature or mark or, if applicable, the signature of a person authorized by this article to execute a CPR directive;
(g)
The date on which the CPR directive form was signed;
(h)
The person's directive concerning the administration of CPR, countersigned by the person's attending physician;
(i)
The person's directive in the form of a document with a written statement as provided in section
15-19-205 (b)
, or a statement in substantially similar form, indicating a decision regarding tissue donation. The document shall be executed in accordance with the provisions of the "Revised Uniform Anatomical Gift Act", part 2 of article
19
of this title 15. The written statement may be in the following form:
I hereby make an anatomical gift, to be effective upon my death, of:
A.
___ Any needed tissues
B.
___The following tissues:
___ Skin
___ Cornea
___ Bone, related tissues, and tendons
Donor signature:_______________________________
Amended by 2017 Ch. 158, § 8, eff. 8/9/2017.
L. 92: Entire article added, p. 1988, § 3, effective June 4. L. 98: (2) (i) added, p. 1172, § 8, effective June 1. L. 2007: (2)(i) amended, p. 797, § 6, effective July 1. L. 2017: (2)(i) amended, (SB 17-223), ch. 158, p. 558, § 8, effective August 9.
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 18.6 - DIRECTIVE RELATING TO CARDIOPULMONARY RESUSCITATION (§§ 15-18.6-101 — 15-18.6-108) › Section 15-18.6-104 - Duty to comply with CPR directive - immunity - effect on criminal charges against another person

(1)
Emergency medical service personnel, health-care providers, and health-care facilities shall comply with a person's CPR directive that is apparent and immediately available. Any emergency medical service personnel, health-care provider, health-care facility, or any other person who, in good faith, complies with a CPR directive shall not be subject to civil or criminal liability or regulatory sanction for such compliance.
(2)
Compliance by emergency medical service personnel, health-care providers, or health-care facilities with a CPR directive shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
(3)
In the absence of a CPR directive, a person's consent to CPR shall be presumed.
L. 92: Entire article added, p. 1989, § 3, effective June 4.
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 18.6 - DIRECTIVE RELATING TO CARDIOPULMONARY RESUSCITATION (§§ 15-18.6-101 — 15-18.6-108) › Section 15-18.6-105 - Effect of declaration after inpatient admission

A CPR directive for any person who is admitted to a health-care facility shall be implemented as a physician's order concerning resuscitation as directed by the person in the CPR directive, pending further physicians' orders.
L. 92: Entire article added, p. 1990, § 3, effective June 4.
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 18.6 - DIRECTIVE RELATING TO CARDIOPULMONARY RESUSCITATION (§§ 15-18.6-101 — 15-18.6-108) › Section 15-18.6-106 - Effect of CPR directive - absence - on life or health insurance

Neither a CPR directive nor the failure of a person to execute one shall affect, impair, or modify any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor.
L. 92: Entire article added, p. 1990, § 3, effective June 4.
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 18.6 - DIRECTIVE RELATING TO CARDIOPULMONARY RESUSCITATION (§§ 15-18.6-101 — 15-18.6-108) › Section 15-18.6-107 - Revocation of CPR directive

A CPR directive may be revoked at any time by a person who is the subject of such directive or by the agent or proxy decision-maker for such person. However, only those CPR directives executed originally by a guardian, agent, or proxy decision-maker may be revoked by a guardian, agent, or proxy decision-maker.
L. 92: Entire article added, p. 1990, § 3, effective June 4. L. 94: Entire section amended, p. 1058, § 2, effective May 4.
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 18.6 - DIRECTIVE RELATING TO CARDIOPULMONARY RESUSCITATION (§§ 15-18.6-101 — 15-18.6-108) › Section 15-18.6-108 - Effect of article on euthanasia - mercy killing - construction of statute

Nothing in this article shall be construed as condoning, authorizing, or approving euthanasia or mercy killing. In addition, the general assembly does not intend that this article be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this article.
L. 92: Entire article added, p. 1990, § 3, effective June 4.
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 1 - DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-110) › Section 15-18.7-101 - Legislative declaration

(1)
The general assembly hereby finds that:
(a)
Colorado law has traditionally recognized the right of an adult or his or her authorized surrogate decision-maker to accept or reject medical treatment and artificial nutrition or hydration;
(b)
Each adult has the right to establish, in advance of the need for medical treatment, directives and instructions for the administration of medical treatment in the event the adult later lacks the decisional capacity to provide informed consent to, withdraw from, or refuse medical treatment;
(c)
Current instruments for making advance medical directives are often underutilized, hampered by certain institutional barriers, and inconsistently interpreted and implemented; and
(d)
The frail elderly, chronically or terminally ill, and nursing home resident population is in particular need of a consistent method for identifying and communicating critical treatment preferences that each sector of the health-care community will recognize and follow.
(2)
The general assembly therefore concludes that it is in the best interests of the people of Colorado to adopt statutes providing for medical orders for scope of treatment. Consistent with the goal of enhancing patient-centered, compassionate care through methods to enhance continuity across health-care settings, medical orders for scope of treatment will provide a process for timely discussion between individuals and their health-care providers about choices to accept, withdraw, or refuse life-sustaining treatment and, through the use of standardized forms, will ensure those preferences are clearly and unequivocally documented.
L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1275, §1, effective August 11.
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 1 - DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-110) › Section 15-18.7-103 - Medical orders for scope of treatment forms - form contents

(1)
A medical orders for scope of treatment form must include the following information concerning the adult whose medical treatment is the subject of the medical orders for scope of treatment form:
(a)
The adult's name, date of birth, and sex;
(b)
The adult's eye and hair color;
(c)
The adult's race or ethnic background;
(d)
If applicable, the name of the hospice program in which the adult is enrolled;
(e)
The name, address, and telephone number of the adult's physician, advanced practice registered nurse, or physician assistant;
(f)
The adult's signature or mark or, if applicable, the signature of the adult's authorized surrogate decision-maker;
(g)
The date upon which the medical orders for scope of treatment form was signed;
(h)
The adult's instructions concerning:
(I)
The administration of CPR;
(II)
Other medical interventions, including but not limited to consent to comfort measures only, transfer to a hospital, limited intervention, or full treatment; and
(III)
Other treatment options;
(i)
The signature of the adult's physician, advanced practice registered nurse, or physician assistant.
Amended by 2023 Ch. 114,§ 11, eff. 8/7/2023.
Amended by 2016 Ch. 204, § 11, eff. 8/10/2016.
L. 2010: Entire article added, (HB 10 -1122), ch. 279, p. 1278, § 1, effective August 11. L. 2016: (1)(e) and (1)(i) amended, (SB 16-158), ch. 204, p. 725, § 11, effective August 10.
2023 Ch. 114, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016.
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 1 - DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-110) › Section 15-18.7-105 - Moral convictions and religious beliefs - notice required - transfer of a patient

(1)
A health-care provider or health-care facility that provides care to an adult whom the health-care provider or health-care facility knows to have executed a medical orders for scope of treatment form shall provide notice to the adult or, if appropriate, to the authorized surrogate decision-maker of the adult, of any policies based on moral convictions or religious beliefs of the health-care provider or health-care facility relative to the withholding or withdrawal of medical treatment. The health-care provider or health-care facility shall provide the notice, when reasonably possible, prior to providing medical treatment or prior to or upon the admission of the adult to the health-care facility, or as soon as possible thereafter.
(2)
A health-care provider or health-care facility shall provide for the prompt transfer of an adult who has executed a medical orders for scope of treatment form to another health-care provider or health-care facility if the transferring health-care provider or health-care facility chooses not to comply with the provisions of the form on the basis of policies based on moral convictions or religious beliefs.
(3)
Nothing in this section shall relieve or exonerate an attending physician or health-care facility from the duty to provide for the care and comfort of an adult pending transfer pursuant to this section.
L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1280, §1, effective August 11.
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 1 - DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-110) › Section 15-18.7-106 - Medical orders for scope of treatment form - who may consent

(1)
An adult who has decisional capacity may execute a medical orders for scope of treatment form.
(2)
Except as provided in section
15-18.7-110(3)
, the authorized surrogate decision-maker for an adult who lacks decisional capacity may execute a medical orders for scope of treatment form for said adult.
L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1280, §1, effective August 11.
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 1 - DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-110) › Section 15-18.7-107 - Revision and revocation of a medical orders for scope of treatment form - duty to inform

(1)
(a)
A health-care provider may revise the provisions of an adult's executed medical orders for scope of treatment form only if:
(I)
(A)
The adult's medical condition has changed since the adult or the adult's authorized surrogate decision-maker executed the form; or
(B)
The provisions of the form are not, in the provider's independent medical judgment, medically appropriate;
(II)
The provider consults with the adult or, if the adult lacks decisional capacity, the adult's authorized surrogate decision-maker concerning the revision of the form; and
(III)
The adult or, if the adult lacks decisional capacity, the adult's authorized surrogate decision-maker consents to the revision of the provisions of the form.
(b)
If a health-care provider revises an adult's executed medical orders for scope of treatment form pursuant to paragraph (a) of this subsection (1):
(I)
The provider shall record the revisions on the form; and
(II)
The provider and the adult or, if the adult lacks decisional capacity, the adult's authorized surrogate decision-maker, shall sign and date the form.
(2)
An adult who has decisional capacity and has executed a medical orders for scope of treatment form may revoke his or her consent to all or part of the form at any time and in any manner that clearly communicates an intent to revoke all or part of the form.
(3)
Except as provided in section
15-18.7-110(3)
, the authorized surrogate decision-maker for an adult who lacks decisional capacity may revoke the adult's previously executed medical orders for scope of treatment form.
(4)
Emergency medical service personnel, a health-care provider, or an authorized surrogate decision-maker who becomes aware of the revocation of a medical orders for scope of treatment form shall promptly communicate the fact of the revocation to a physician, advanced practice registered nurse, or physician assistant who is providing care to the adult who is the subject of the form.
Amended by 2016 Ch. 204,§13, eff. 8/10/2016.
L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1280, §1, effective August 11. L. 2016: (4) amended, (SB 16-158), ch. 204, p. 726, § 13, effective August 10.
For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016.
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 1 - DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-110) › Section 15-18.7-108 - Medical orders for scope of treatment form not required for treatment

A health-care facility shall not require a person to have executed a medical orders for scope of treatment form as a condition of being admitted to, or receiving medical treatment from, the health-care facility.
L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1281, §1, effective August 11.
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 1 - DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-110) › Section 15-18.7-109 - Effect of a medical orders for scope of treatment form 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 medical orders for scope of treatment form or has not executed a medical orders for scope of treatment form. With respect to all other conditions, persons who have executed a medical orders for scope of treatment 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 medical orders for scope of treatment form.
Amended by 2019 Ch. 60,§ 5, eff. 8/2/2019.
L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1281, §1, effective August 11.
For the legislative declaration in HB 19-1044, see section 1 of chapter 60, Session Laws of Colorado 2019.
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 1 - DIRECTIVES CONCERNING MEDICAL ORDERS FOR SCOPE OF TREATMENT (§§ 15-18.7-101 — 15-18.7-110) › Section 15-18.7-110 - Effect of article on existing advance medical directives

(1)
In executing a medical orders for scope of treatment form, an adult, or the adult's authorized surrogate decision-maker, and the physician, advanced practice registered nurse, or physician assistant who signs the form shall make a good-faith effort to locate and incorporate, as appropriate and desired, treatment preferences documented in the adult's previously executed advance medical directives, if any.
(2)
Except as otherwise provided in paragraph (a) of subsection (3) of this section, in case of a conflict between a medical orders for scope of treatment form and an adult's advance medical directives, the document most recently executed shall take precedence for the medical decision or treatment preference at issue. Medical decisions and treatment preferences documented in an adult's advance medical directives or asserted by an authorized surrogate decision-maker on the adult's behalf, but not specifically addressed in a more recently executed medical orders for scope of treatment form, shall not be affected by the medical orders for scope of treatment form.
(3)
Notwithstanding the provisions of subsection (1) of this section:
(a)
An authorized surrogate decision-maker or a physician, advanced practice registered nurse, or physician assistant may not revoke or alter an 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.
(b)
An authorized surrogate decision-maker may not revoke a preexisting CPR directive unless it was originally executed by an authorized surrogate decision-maker.
(c)
An authorized surrogate decision-maker who is a proxy decision-maker pursuant to article
18.5
of this title may authorize the withdrawal of artificial nutrition or hydration only in accordance with section
15-18.5-103(6)
.
Amended by 2016 Ch. 204,§14, eff. 8/10/2016.
L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1282, §1, effective August 11. L. 2016: (1) and (3)(a) amended, (SB 16-158), ch. 204, p. 726, § 14, effective August 10.
For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016.