§ 25-3-110 — Emergency contraception - definitions

Colorado § 25-3-110

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Hospitals

Text

(1) For purposes of this
section, unless the context otherwise requires:

(a) Emergency contraception means a drug approved by the federal food
and drug administration that prevents pregnancy after sexual intercourse,
including but not limited to oral contraceptive pills; except that emergency
contraception shall not include RU-486, mifepristone, or any other drug or device
that induces a medical abortion. Nothing in section 2-4-401 (1.5), C.R.S., shall be
construed to amend or alter the definition of emergency contraception.

(b) Sexual assault survivor shall have the same meaning as victim as
defined in section 18-3-401 (7), C.R.S.

(2) Notwithstanding any other provision of law to the contrary, all health-care facilities that are licensed pursuant to this part 1 and provide emergency care
to sexual assault survivors shall amend their evidence-collection protocols for the
treatment of sexual assault survivors to include informing the survivor in a timely
manner of the availability of emergency contraception as a means of pregnancy
prophylaxis and educating the survivor on the proper use of emergency
contraception and the appropriate follow-up care.

(3) Nothing in this section shall be interpreted to require:

(a) A health-care professional who is employed by a health-care facility that
provides emergency care to a sexual assault survivor to inform the survivor of the
availability of emergency contraception if the professional refuses to provide the
information on the basis of religious or moral beliefs; or

(b) A health-care facility to provide emergency contraception to a sexual
assault survivor who is not at risk of becoming pregnant as a result of the sexual
assault or who was already pregnant at the time of the assault.

(4) If any licensed pharmacy does not have nonprescription emergency
contraception in stock, the pharmacy shall place a conspicuous notice in the area
where customers obtain prescription drugs that states Plan B Emergency
Contraception Not Available.

(5) The general assembly encourages health-care facilities to provide
training to emergency room staff concerning the efficacy of emergency
contraception and the time-sensitive nature of the drug.

(6) Because emergency contraception is time-sensitive and a sexual assault
survivor may seek information on or direct access to emergency contraception to
prevent an unintended pregnancy resulting from the assault instead of or prior to
seeking hospital treatment, it is critical that sexual assault survivors have accurate
information about the availability and use of emergency contraception. Therefore,
the general assembly encourages:

(a) Entities offering victim assistance or counseling and rape crisis hotlines
to include information concerning the availability and use of emergency
contraception; and

(b) Licensed or registered pharmacies in the state of Colorado to distribute
information concerning the availability and use of emergency contraception.

Legislative History

Source: L. 2007: Entire section added, p. 63, � 2, effective March 15. L. 2009: (1)(a) amended, (SB 09-225), ch. 126, p. 546, � 2, effective August 5.