15-18-113. Penalties - refusal - transfer.

Statute text

(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.

History

Source: L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 382, 1, effective August 11; (5) amended, (HB 10-1422), ch. 419, p. 2126, 189, effective August 11. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1670, 82, effective October 1. L. 2021: (1) and (4) amended, (SB 21-271), ch. 462, p. 3159, 162, effective March 1, 2022.

ARTICLE 18.5
PROXY AND SURROGATE DECISION-MAKERS FOR
MEDICAL TREATMENT AND HEALTH-CARE BENEFIT DECISIONS

Annotations

Cross references: For the provisions relating to anatomical gifts and their effect on advance health-care directives, see part 2 of article 19 of this title; for provisions relating to a medical durable power of attorney, see 15-14-506; for provisions relating to declarations concerning medical treatment, see article 18 of this title; for provisions relating to cardiopulmonary resuscitation directives, see article 18.6 of this title.

Annotations

Law reviews: For article, "The Colorado Patient Autonomy Act: Opportunities and Challenges -- Parts I and II", see 21 Colo. Law. 1901 and 2203 (1992); for article, "Surrogate Decision-Making for 'Friendless' Patients", see 34 Colo. Law. 71 (April 2005); for article, "Respecting and Responding to End-of-Life Choices", see 34 Colo. Law. 57 (Oct. 2005); for article, "How to Reconcile Advance Care Directives With Attempted Suicide", see 42 Colo. Law. 97 (July 2013).

 

Section

15-18.5-101. Legislative declaration - construction of statute.

15-18.5-102. Definitions applicable to medical durable power of attorney - applicability.

15-18.5-103. Proxy decision-makers for medical treatment authorized - definitions.

15-18.5-104. Surrogate decision-makers for health-care benefits.

15-18.5-105. Statutory form for certificate of appointment of surrogate decision-makers for health-care benefits.