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13-22-103. Minors - consent for medical, dental, and related care.

Statute text

(1) Except as otherwise provided in sections 18-1.3-407 (4.5), 25-4-402, and 12-34-104, C.R.S., a minor eighteen years of age or older, or a minor fifteen years of age or older who is living separate and apart from his or her parent, parents, or legal guardian, with or without the consent of his or her parent, parents, or legal guardian, and is managing his or her own financial affairs, regardless of the source of his or her income, or any minor who has contracted a lawful marriage may give consent to organ or tissue donation or the furnishing of hospital, medical, dental, emergency health, and surgical care to himself or herself. Such consent shall not be subject to disaffirmance because of minority, and, when such consent is given, said minor shall have the same rights, powers, and obligations as if he or she had obtained majority. Consent to organ or tissue donation may be revoked pursuant to section 12-34-106, C.R.S.

(2) The consent of the parent, parents, or legal guardian of a minor described in subsection (1) of this section shall not be necessary in order to authorize organ or tissue donation or hospital, medical, dental, emergency health, or surgical care, and no hospital, physician, surgeon, dentist, trained emergency health care provider, or agent or employee thereof who, in good faith, relies on such a minor's consent shall be liable for civil damages for failure to secure the consent of such a minor's parent, parents, or legal guardian prior to rendering such care. The parent, parents, or legal guardian of a minor described in subsection (1) of this section shall not be liable to pay the charges for the care provided the minor on said minor's consent, unless said parent, parents, or legal guardian agrees to be so liable.

(3) In addition to the authority granted in section 25-4-1704 (2.5), C.R.S., any parent, including a parent who is a minor, may request and consent to organ or tissue donation of his or her child or the furnishing of hospital, medical, dental, emergency health, and surgical care to his or her child or ward. The consent of a minor parent shall not be subject to disaffirmance because of minority, and, when such consent is given, said minor parent has the same rights, powers, and obligations as if he or she were of legal age.

History

Source: L. 71: p. 494, 1. C.R.S. 1963: 41-2-13. L. 72: p. 594, 71. L. 79: Entire section amended, p. 616, 1, effective May 18. L. 95: (1) amended, p. 871, 2, effective May 24. L. 96: (3) amended, p. 585, 5, effective July 1. L. 2000: Entire section amended, p. 729, 6, effective July 1. L. 2002: (1) amended, p. 1487, 122, effective October 1. L. 2007: (1) amended, p. 796, 2, effective July 1. L. 2013: (1) amended, (HB 13-1154), ch. 372, p. 2193, 5, effective July 1.

Annotations

Editor's note: Section 9 of chapter 372, Session Laws of Colorado 2013, provides that the act amending subsection (1) applies to offenses committed on or after July 1, 2013.

Annotations

Cross references: (1) For provisions relating to testing of minors for human immunodeficiency virus ("HIV") infection, see 25-4-1405 (6).

(2) For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 372, Session Laws of Colorado 2013.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Involuntary Sterilization of Retarded Minors in Colorado", see 11 Colo. Law. 421 (1982).

Sterilization is special case. While this section empowers parents to consent to normal medical procedures on their minor offspring, sterilization is a special case which requires more than parental consent. A court, using uniform criteria, must be the ultimate arbiter. In re A.W., 637 P.2d 366 (Colo. 1981).