2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › HOSPITALS (§§ 25-3-100.5 — 25-3.5-1401) › Article 3 - HOSPITALS (§§ 25-3-100.5 — 25-3-801) › Part 1 - HOSPITALS (§§ 25-3-100.5 — 25-3-131) › Section 25-3-126 - Health facilities - requirements related to labor and childbirth -rules - definitions

(1)
Except as provided in subsection (2) of this section, on and after January 1, 2022, a health facility that provides services related to labor and childbirth shall demonstrate to the department, in the form and manner determined by the department by rule, that the health facility has a policy that:
(a)
Allows every birthing person to have a companion or doula with the person during birth in addition to a partner or spouse;
(b)
Prioritizes newborns bonding with their families in order to facilitate the physiologic postpartum process;
(c)
Will not exclude from care any person experiencing physiologic birth or interrupt the process of physiologic birth without the informed consent of the birthing person;
(d)
Details the facility's process related to receiving a pregnant person's patient information from any provider regulated under title 12 who has provided care for the pregnant person;
(e)
Establishes processes to transfer and receive pregnant persons across levels of care of licensed facilities within the facility's capacity and capability; and
(f)
Establishes a process to receive individuals who are pregnant, undergoing physiologic birth, or in the physiologic postpartum process from locations other than licensed facilities, including a process to receive verbal and written information from individuals with relevant information, including but not limited to family members, doulas, or a health-care provider regulated under title 12.
(2)
For labor and childbirth services provided to a birthing person who is in custody, a health facility shall demonstrate to the department, in the form and manner determined by the department by rule, that the health facility has a policy that:
(a)
Prioritizes newborns bonding with their families in order to facilitate the physiologic postpartum process, unless:
(I)
The parent or legal guardian of the newborn consents to medical treatment;
(II)
The newborn is released to a legal guardian; or
(III)
The birthing person is released from labor and delivery; and
(b)
Will not exclude from care any person experiencing physiologic birth or interrupt the process of physiologic birth without the informed consent of the birthing person.
(3)
As used in this section:
(a)
"Doula" means a person who provides physical, emotional, and informational support to a pregnant person before, during, and after pregnancy.
(b)
"Physiologic birth" means labor and birth powered by the innate human capacity of a pregnant person and the pregnant person's fetus, which includes endogenous hormone systems.
(c)
"Physiologic postpartum process" means the biologic process that happens to both the newborn and birthing person after delivery due to endogenous hormone systems.
Amended by 2024 Ch. 426,§ 6, eff. 6/5/2024.
Added by 2021 Ch. 433, § 8, eff. 9/7/2021.
L. 2021: Entire section added, (SB 21-193), ch. 2864, p. 2864, § 8, effective September 7.
2021 Ch. 433, was passed without a safety clause. See Colo. Const. art. V, § 1(3).