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15-18-104. Declaration as to medical treatment.

Statute text

(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Any adult with decisional capacity may execute a declaration directing that life-sustaining procedures be withheld or withdrawn if, at some future time, he or she has a terminal condition or is in a persistent vegetative state, and lacks decisional capacity to accept or reject medical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 registered nurse for entry in the declarant's medical record.

(2) Repealed.

(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 registered nurse has determined that pain results from a discontinuance of artificial nutrition and hydration, the physician or advanced practice registered nurse may order that artificial nutrition and hydration be continued to the extent necessary to provide comfort and alleviate pain.

(5) A declaration executed in accordance with section 15-18-106 by any adult with decisional capacity is legally effective for the purposes of this article 18.

(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.

History

Source: 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. L. 2021: (5) amended, (SB 21-195), ch. 115, p. 447, 2, effective May 7; (2) repealed, (SB 21-193), ch. 433, p. 2859, 2, effective September 7.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Anticipating Disabilities: Voluntary Planning Opportunities in Colorado", see 17 Colo. Law. 437 (1988). For article, "The Lawyer's Role in End-of-Life Planning Moving Beyond Advance Medical Directives", see 44 Colo. Law. 101 (July 2015).

The state's living will statute requires that two physicians must certify as to a patient's incapacitation for a period of seven consecutive days before such patient's declaration regarding medical treatment can be given effect. Living Will Ctr. v. NBC Subsidiary, 857 P.2d 514 (Colo. App. 1993) (decided prior to 2010 repeal and reenactment).