Colorado § 13-22-106 Minors - consent - sexual offense

Colorado Statutes

§ 13-22-106 — Minors - consent - sexual offense

Colorado·Title 13 Courts·Art. Age of Competence - Arbitration

(1)Any physician licensed to practice in this state, upon consultation by a minor as a patient who indicates that he or she was the victim of a sexual offense pursuant to part 4 of article 3 of title 18, C.R.S., with the consent of such minor patient, may perform customary and necessary examinations to obtain evidence of the sexual offense and may prescribe for and treat the patient for any immediate condition caused by the sexual offense.

(2)(a) Prior to examining or treating a minor pursuant to subsection (1) of this section, a physician shall make a reasonable effort to notify the parent, parents, legal guardian, or any other person having custody or decision-making responsibility with respect to the medical care of such minor of the sexual offense.

(b)So long as the minor

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(1) Any physician licensed to
practice in this state, upon consultation by a minor as a patient who indicates that
he or she was the victim of a sexual offense pursuant to part 4 of article 3 of title
18, C.R.S., with the consent of such minor patient, may perform customary and
necessary examinations to obtain evidence of the sexual offense and may prescribe
for and treat the patient for any immediate condition caused by the sexual offense.

(2) (a) Prior to examining or treating a minor pursuant to subsection (1) of this
section, a physician shall make a reasonable effort to notify the parent, parents,
legal guardian, or any other person having custody or decision-making
responsibility with respect to the medical care of such minor of the sexual offense.

(b) So long as the minor has consented, the physician may examine and treat
the minor as provided for in subsection (1) of this section whether or not the
physician has been able to make the notification provided for in paragraph (a) of
this subsection (2) and whether or not those notified have given consent, but, if the
person having custody or decision-making responsibility with respect to the minor's
medical care objects to treatment, then the physician shall proceed under the
provisions of part 3 of article 3 of title 19, C.R.S.

(c) Nothing in this section shall be deemed to relieve any person from the
requirements of the provisions of part 3 of article 3 of title 19, C.R.S., concerning
child abuse.

(3) If a minor is unable to give the consent required by this section by reason
of age or mental or physical condition and it appears that the minor has been the
victim of a sexual assault, the physician shall not examine or treat the minor as
provided in subsection (1) of this section but shall proceed under the provisions of
part 3 of article 3 of title 19, C.R.S.

(4) A physician shall incur no civil or criminal liability by reason of having
examined or treated a minor pursuant to subsection (1) of this section, but this
immunity shall not apply to any negligent acts or omissions by the physician.

Colorado § 13-22-106 (Minors - consent - sexual offense) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 79: Entire section added, p. 618, � 1, effective May 4. L. 87: (2)(b), (2)(c), and (3) amended, p. 814, � 12, effective October 10. L. 98: (2)(a) and (2)(b) amended, p. 1394, � 29, effective February 1, 1999. L. 2003: (1) and (2)(a) amended, p. 1432, � 23, effective April 29.