Current through Chapter 25 of the 2021 Legislative Session
Section 15-18-104 - Declaration as to medical treatment(1) Any adult with decisional capacity may execute a declaration directing that life-sustaining procedures be withheld or withdrawn if, at some future time, he or she has a terminal condition or is in a persistent vegetative state, and lacks decisional capacity to accept or reject medical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. It shall be the responsibility of the declarant or someone acting for the declarant to provide the declaration to the attending physician or advanced practice nurse for entry in the declarant's medical record.(2) In the case of a declaration of a qualified patient known to the attending physician to be pregnant, a medical evaluation shall be made as to whether the fetus is viable. If the fetus is viable, the declaration shall be given no force or effect until the patient is no longer pregnant.(3)(a) A declaration may contain separate written statements regarding the declarant's preference concerning life-sustaining procedures and artificial nutrition and hydration if the declarant has a terminal condition or is in a persistent vegetative state.(b) The declarant may provide in his or her declaration one of the following actions: (I) That artificial nutrition and hydration not be continued;(II) That artificial nutrition and hydration be continued for a specified period; or(III) That artificial nutrition and hydration be continued.(4) Notwithstanding the provisions of subsection (3) of this section and section 15-18-103(10), when an attending physician or advanced practice nurse has determined that pain results from a discontinuance of artificial nutrition and hydration, the physician or advanced practice nurse may order that artificial nutrition and hydration be continued to the extent necessary to provide comfort and alleviate pain.(5) A declaration executed before two witnesses by any adult with decisional capacity shall be legally effective for the purposes of this article.(6) A declaration executed pursuant to this article may include a document with a written statement as provided in section 15-19-205(a), or a written statement in substantially similar form, indicating a decision regarding organ and 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.(7) A declaration executed pursuant to this article may be combined with a medical power of attorney to create a single document. Such a document shall comply with all requirements of this title and in accordance with the provisions of the "Colorado Patient Autonomy Act", sections 15-14-503 to 15-14-509.(8) A declaration executed pursuant to this article may include a written statement in which the declarant designates individuals with whom the declarant's attending physician, any other treating physician, or another medical professional may speak concerning the declarant's medical condition prior to a final determination as to the withholding or withdrawal of life-sustaining procedures, including artificial nutrition and hydration. The designation of such individuals in the document shall be considered to be consistent with the privacy requirements of the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. sec. 1320d to 1320d-8, as amended, referred to in this section as "HIPAA", regarding waiver of confidentiality.(9) A declaration executed pursuant to this article may include a written statement providing individual medical directives from the declarant to the attending physician or any other treating medical personnel.Amended by 2017 Ch. 158,§ 7, eff. 8/9/2017.L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 377, §1, effective August 11. L. 2011: (7) amended, (SB 11-083), ch. 101, p. 317, §26, effective August 10. L. 2017: (6) amended, (SB 17-223), ch. 158, p. 558, § 7, effective August 9.