§ 15-18-104 — Declaration as to medical treatment

Colorado § 15-18-104

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Colorado Medical Treatment

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procedures be withheld or withdrawn if, at some future time, he or she has a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(2) Repealed.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.

Legislative 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.