Directives Concerning Orders for Scope of Treatment

C.R.S. tit. 15, art. 18.7

in effect

C.R.S. § 15-18.7-101 Legislative declaration

15-18.7-101. Legislative declaration. (1) The general assembly hereby finds that: (a) Colorado law has traditionally recognized the right of an adult or his or her authorized surrogate decision-maker to accept or reject medical treatment and artificial nutrition or hydration; (b) Each adult has the right to establish, in advance of the need for medical treatment, directives and instructions for the administration of medical treatment in the event the adult later lacks the decisional capacity to provide informed consent to, withdraw from, or refuse medical treatment; (c) Current instruments for making advance medical directives are often underutilized, hampered by certain institutional barriers, and inconsistently interpreted and implemented; and (d) The frail elderly, chronically or terminally ill, and nursing home resident population is in particular need of a consistent method for identifying and communicating critical treatment preferences that each sector of the health-care community will recognize and follow. (2) The general assembly therefore concludes that it is in the best interests of the people of Colorado to adopt statutes providing for medical orders for scope of treatment. Consistent with the goal of enhancing patient-centered, compassionate care through methods to enhance continuity across health-care settings, medical orders for scope of treatment will provide a process for timely discussion between individuals and their health-care providers about choices to accept, withdraw, or refuse life-sustaining treatment and, through the use of standardized forms, will ensure those preferences are clearly and unequivocally documented.

C.R.S. § 15-18.7-102 Definitions

15-18.7-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Adult" means a person eighteen years of age or older. (2) "Advance medical directive" means a written instruction concerning medical treatment decisions to be made on behalf of the adult who provided the instruction in the event that he or she becomes incapacitated. An advance medical directive includes, but need not be limited to: (a) A medical durable power of attorney executed pursuant to section 15-14-506; (b) A declaration executed pursuant to the "Colorado Medical Treatment Decision Act", article 18 of this title; (c) A power of attorney granting medical treatment authority executed prior to July 1, 1992, pursuant to section 15-14-501, as it existed prior to that date; or (d) A CPR directive or declaration executed pursuant to article 18.6 of this title. (3) "Artificial nutrition or hydration" means: (a) Nutrition or hydration supplied through a tube inserted into the stomach or intestines; or (b) Nutrients or fluids injected intravenously into the bloodstream. (4) "Authorized surrogate decision-maker" means a guardian appointed pursuant to article 14 of this title, an agent appointed pursuant to a medical durable power of attorney, a proxy decision-maker for medical treatment decisions appointed pursuant to article 18.5 of this title, or a similarly authorized surrogate, as defined by the laws of another state, who is authorized to make medical decisions for an individual who lacks decisional capacity. (5) "Cardiopulmonary resuscitation" or "CPR" shall have the same meaning as set forth in section 15-18.6-101 (1). (6) "CPR directive" shall have the same meaning as set forth in section 15-18.6-101 (2). (7) "Decisional capacity" means the ability to provide informed consent to or refusal of medical treatment or the ability to make an informed health-care benefit decision. (8) "Emergency medical service personnel" means an emergency medical service provider who is certified or licensed by the department of public health and environment, created and existing under section 25-1-102, or an emergency medical responder registered by the department of public health and environment in accordance with section 25-3.5-1103. (9) "Health-care facility" means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health-care agency, or another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment. (10) "Health-care provider" means: (a) A physician or other individual who provides medical treatment to an adult and who is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment or who is employed by or acting for such an authorized person; or (b) A health maintenance organization licensed and conducting business in this state. (11) "Medical treatment" means the provision, withholding, or withdrawal of any: (a) Health care; (b) Medical procedure, including but not limited to surgery, CPR, and artificial nutrition or hydration; or (c) Service to maintain, diagnose, treat, or provide for a patient's physical or mental health care.

C.R.S. § 15-18.7-103 Medical orders for scope of treatment forms - form contents

15-18.7-103. Medical orders for scope of treatment forms - form contents. (1) A medical orders for scope of treatment form must include the following information concerning the adult whose medical treatment is the subject of the medical orders for scope of treatment form: (a) The adult's name, date of birth, and sex; (b) The adult's eye and hair color; (c) The adult's race or ethnic background; (d) If applicable, the name of the hospice program in which the adult is enrolled; (e) The name, address, and telephone number of the adult's physician, advanced practice registered nurse, or physician assistant; (f) The adult's signature or mark or, if applicable, the signature of the adult's authorized surrogate decision-maker; (g) The date upon which the medical orders for scope of treatment form was signed; (h) The adult's instructions concerning: (I) The administration of CPR; (II) Other medical interventions, including but not limited to consent to comfort measures only, transfer to a hospital, limited intervention, or full treatment; and (III) Other treatment options; (i) The signature of the adult's physician, advanced practice registered nurse, or physician assistant.

C.R.S. § 15-18.7-104 Duty to comply with medical orders for scope of treatment form - immunity - effect on criminal charges against another person - transferability

15-18.7-104. Duty to comply with medical orders for scope of treatment form - immunity - effect on criminal charges against another person - transferability. (1) (a) Except as provided in sections 15-18.7-105 and 15-18.7-107 (1), emergency medical service personnel, a health-care provider, or a health-care facility shall comply with an adult's executed medical orders for scope of treatment form that: (I) Has been executed in this state or another state; (II) Is apparent and immediately available; and (III) Reasonably satisfies the requirements of a medical orders for scope of treatment form specified in section 15-18.7-103. (b) The fact that the physician, advanced practice registered nurse, or physician assistant who signed an adult's medical orders for scope of treatment form does not have admitting privileges at the hospital or health-care facility where the adult is being treated does not remove the duty of emergency medical service personnel, a health-care provider, or a health-care facility to comply with the medical orders for scope of treatment form as required by paragraph (a) of this subsection (1). (2) Emergency medical service personnel, a health-care provider, a health-care facility, or any other person who complies with a legally executed medical orders for scope of treatment form that is apparent and immediately available and that he or she believes to be the most current version of the form shall not be subject to civil or criminal liability or regulatory sanction for such compliance. (3) Compliance by emergency medical service personnel, a health-care provider, or a health-care facility with an executed medical orders for scope of treatment form shall not affect the criminal prosecution of a person otherwise charged with the commission of a criminal act. (4) In the absence of an executed medical orders for scope of treatment form declining CPR or a CPR directive, an adult's consent to CPR shall be presumed. (5) An adult's physician, advanced practice registered nurse, or physician assistant may provide an oral confirmation to a health-care provider who shall annotate on the medical orders for scope of treatment form the time and date of the oral confirmation and the name and license number of the physician, advanced practice registered nurse, or physician assistant. The physician, advanced practice registered nurse, or physician assistant shall countersign the annotation of the oral confirmation on the medical orders for scope of treatment form within a time period that satisfies any applicable state law or within thirty days, whichever period is less, after providing the oral confirmation. The signature of the physician, advanced practice registered nurse, or physician assistant may be provided by photocopy, fax, or electronic means. A medical orders for scope of treatment form with annotated oral confirmation, and a photocopy, fax, or other electronic reproduction of the form, shall be given the same force and effect as the original form signed by the physician, advanced practice registered nurse, or physician assistant. (6) (a) Nothing in this part 1 shall be construed to modify or alter any generally accepted ethics, standards, protocols, or laws for the practice of medicine or nursing, including the provisions in section 15-18.6-108 concerning euthanasia and mercy killing. e given the same force and effect as the original form signed by the physician, advanced practice registered nurse, or physician assistant. (6) (a) Nothing in this part 1 shall be construed to modify or alter any generally accepted ethics, standards, protocols, or laws for the practice of medicine or nursing, including the provisions in section 15-18.6-108 concerning euthanasia and mercy killing. (b) A medical orders for scope of treatment form shall not be construed to compel or authorize a health-care provider or health-care facility to administer medical treatment that is medically inappropriate or prohibited by state or federal law. (7) If an adult who is known to have properly executed and signed a medical orders for scope of treatment form is transferred from one health-care facility or health-care provider to another, the transferring health-care facility or health-care provider shall communicate the existence of the form to the receiving health-care facility or health-care provider before the transfer. The transferring health-care facility or health-care provider shall ensure that the form or a copy of the form accompanies the adult upon admission to or discharge from a health-care facility.

C.R.S. § 15-18.7-105 Moral convictions and religious beliefs - notice required - transfer of a patient

15-18.7-105. Moral convictions and religious beliefs - notice required - transfer of a patient. (1) A health-care provider or health-care facility that provides care to an adult whom the health-care provider or health-care facility knows to have executed a medical orders for scope of treatment form shall provide notice to the adult or, if appropriate, to the authorized surrogate decision-maker of the adult, of any policies based on moral convictions or religious beliefs of the health-care provider or health-care facility relative to the withholding or withdrawal of medical treatment. The health-care provider or health-care facility shall provide the notice, when reasonably possible, prior to providing medical treatment or prior to or upon the admission of the adult to the health-care facility, or as soon as possible thereafter. (2) A health-care provider or health-care facility shall provide for the prompt transfer of an adult who has executed a medical orders for scope of treatment form to another health-care provider or health-care facility if the transferring health-care provider or health-care facility chooses not to comply with the provisions of the form on the basis of policies based on moral convictions or religious beliefs. (3) Nothing in this section shall relieve or exonerate an attending physician or health-care facility from the duty to provide for the care and comfort of an adult pending transfer pursuant to this section.

C.R.S. § 15-18.7-106 Medical orders for scope of treatment form - who may consent

15-18.7-106. Medical orders for scope of treatment form - who may consent. (1) An adult who has decisional capacity may execute a medical orders for scope of treatment form. (2) Except as provided in section 15-18.7-110 (3), the authorized surrogate decision-maker for an adult who lacks decisional capacity may execute a medical orders for scope of treatment form for said adult.

C.R.S. § 15-18.7-107 Revision and revocation of a medical orders for scope of treatment form - duty to inform

15-18.7-107. Revision and revocation of a medical orders for scope of treatment form - duty to inform. (1) (a) A health-care provider may revise the provisions of an adult's executed medical orders for scope of treatment form only if: (I) (A) The adult's medical condition has changed since the adult or the adult's authorized surrogate decision-maker executed the form; or (B) The provisions of the form are not, in the provider's independent medical judgment, medically appropriate; (II) The provider consults with the adult or, if the adult lacks decisional capacity, the adult's authorized surrogate decision-maker concerning the revision of the form; and (III) The adult or, if the adult lacks decisional capacity, the adult's authorized surrogate decision-maker consents to the revision of the provisions of the form. (b) If a health-care provider revises an adult's executed medical orders for scope of treatment form pursuant to paragraph (a) of this subsection (1): (I) The provider shall record the revisions on the form; and (II) The provider and the adult or, if the adult lacks decisional capacity, the adult's authorized surrogate decision-maker, shall sign and date the form. (2) An adult who has decisional capacity and has executed a medical orders for scope of treatment form may revoke his or her consent to all or part of the form at any time and in any manner that clearly communicates an intent to revoke all or part of the form. (3) Except as provided in section 15-18.7-110 (3), the authorized surrogate decision-maker for an adult who lacks decisional capacity may revoke the adult's previously executed medical orders for scope of treatment form. (4) Emergency medical service personnel, a health-care provider, or an authorized surrogate decision-maker who becomes aware of the revocation of a medical orders for scope of treatment form shall promptly communicate the fact of the revocation to a physician, advanced practice registered nurse, or physician assistant who is providing care to the adult who is the subject of the form.

C.R.S. § 15-18.7-108 Medical orders for scope of treatment form not required for treatment

15-18.7-108. Medical orders for scope of treatment form not required for treatment. A health-care facility shall not require a person to have executed a medical orders for scope of treatment form as a condition of being admitted to, or receiving medical treatment from, the health-care facility.

C.R.S. § 15-18.7-109 Effect of a medical orders for scope of treatment form on life or health insurance

15-18.7-109. Effect of a medical orders for scope of treatment form on life or health insurance. An insurer may not refuse to insure, refuse to continue to insure, or limit the amount, extent, or kind of coverage available for life insurance, health insurance, or within an annuity to an individual, or charge an individual a different rate for the same coverage, solely because such individual executed a medical orders for scope of treatment form or has not executed a medical orders for scope of treatment form. With respect to all other conditions, persons who have executed a medical orders for scope of treatment form must be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are persons who have not executed a medical orders for scope of treatment form.

C.R.S. § 15-18.7-110 Effect of article on existing advance medical directives

15-18.7-110. Effect of article on existing advance medical directives. (1) In executing a medical orders for scope of treatment form, an adult, or the adult's authorized surrogate decision-maker, and the physician, advanced practice registered nurse, or physician assistant who signs the form shall make a good-faith effort to locate and incorporate, as appropriate and desired, treatment preferences documented in the adult's previously executed advance medical directives, if any. (2) Except as otherwise provided in paragraph (a) of subsection (3) of this section, in case of a conflict between a medical orders for scope of treatment form and an adult's advance medical directives, the document most recently executed shall take precedence for the medical decision or treatment preference at issue. Medical decisions and treatment preferences documented in an adult's advance medical directives or asserted by an authorized surrogate decision-maker on the adult's behalf, but not specifically addressed in a more recently executed medical orders for scope of treatment form, shall not be affected by the medical orders for scope of treatment form. (3) Notwithstanding the provisions of subsection (1) of this section: (a) An authorized surrogate decision-maker or a physician, advanced practice registered nurse, or physician assistant may not revoke or alter an adult's previously executed advance medical directive regarding provision of artificial nutrition or hydration if the directive is documented in a declaration executed by the adult pursuant to the "Colorado Medical Treatment Decision Act", article 18 of this title. (b) An authorized surrogate decision-maker may not revoke a preexisting CPR directive unless it was originally executed by an authorized surrogate decision-maker. (c) An authorized surrogate decision-maker who is a proxy decision-maker pursuant to article 18.5 of this title may authorize the withdrawal of artificial nutrition or hydration only in accordance with section 15-18.5-103 (6).

C.R.S. § 15-18.7-201 Definitions

15-18.7-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Adult" means a person eighteen years of age or older. (2) "Agent" means a person eighteen years of age or older who is authorized by an adult to make decisions concerning behavioral health treatment, medication, and alternative treatment for the adult to the extent authorized by the adult. (3) "Behavioral health" has the same meaning as set forth in section 27-60-100.3 (1). (4) "Behavioral health orders for scope of treatment", "behavioral health orders form", or "psychiatric advance directive" means a written instruction, created pursuant to section 15-18.7-202, concerning behavioral health treatment, medication, and alternative treatment decisions, preferences, and history to be made on behalf of the adult who provided the instruction. (5) "Behavioral health treatment" means the provision, withholding, or withdrawal of any behavioral health: (a) Examination; (b) Service; (c) Procedure; or (d) Medication. (6) "Disinterested witness" means an adult other than a spouse, partner in a civil union, domestic partner, romantic partner, child, parent, sibling, grandchild, grandparent, health-care provider, person who at the time of the adult's signature has a claim against any portion of the adult's estate at the time of the adult's death, or person who knows or believes that he or she has an entitlement to any portion of the adult's estate at the time of the adult's death either as a beneficiary of a will that exists at the time of the adult's signature or as an heir at law, who can attest that the adult executing the behavioral health orders form was of sound mind and free of coercion when he or she signed the behavioral health orders form. (7) "Emergency medical service personnel" means: (a) An emergency medical service provider who is certified or licensed by the department of public health and environment, created and existing pursuant to section 25-1-102; (b) An emergency medical responder or a registered emergency medical responder, as defined in section 25-3.5-1102 (1) and (3); (c) A crisis response system contractor, as defined in section 27-60-100.3 (4). (8) "Health-care facility" means: (a) A hospital; (b) A hospice inpatient residence; (c) A nursing facility; (d) A dialysis treatment facility; (e) An assisted living residence; (f) An entity that provides home-based and community-based services; (g) A hospice or home health-care agency; (h) The Colorado mental health institute at Fort Logan; (i) The Colorado mental health institute at Pueblo; or (j) Another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment. (9) "Health-care provider" means: (a) A physician or other individual who provides medical treatment to an adult and who is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment or who is employed by or acting for such an authorized person; (b) A professional person, as defined in section 27-65-102 (27); (c) A mental health professional licensed, certified, or registered pursuant to article 245 of title 12; or (d) Any other health-care provider regulated by the state when engaged in assisting consumers with behavioral health-care access and coverage issues. (10) "Sound mind" means the ability to provide informed consent to or refusal of behavioral health treatment or the ability to make an informed behavioral health-care benefit decision.

C.R.S. § 15-18.7-202 Behavioral health orders for scope of treatment - form contents - effect

15-18.7-202. Behavioral health orders for scope of treatment - form contents - effect. (1) A behavioral health orders form must include the following information concerning the adult whose behavioral health treatment, medication, and alternative treatment are the subject of the behavioral health orders form: (a) The adult's name, date of birth, and gender; (b) The adult's eye and hair color; (c) The adult's race or ethnic background; (d) The adult's instructions concerning behavioral health treatment; (e) The adult's instructions concerning medication, including primary and alternative instructions; (f) The adult's instructions concerning alternative treatment; (g) The adult's instructions concerning appointing an agent or not appointing an agent. If the adult chooses to appoint an agent, he or she must include: (I) The name, address, and telephone number of the agent; and (II) The scope of the agent's authority when acting on behalf of the adult. The scope of the agent's authority must be either: (A) The agent is limited to executing the adult's instructions detailed on the behavioral health orders form; or (B) The agent has authority to make decisions concerning behavioral health treatment, medication, and alternative treatment on behalf of the adult. (h) The adult's signature or mark, and the date that the adult signed the behavioral health orders form; (i) Two disinterested witnesses' signatures or marks, and the date that the disinterested witnesses signed the behavioral health orders form; (j) The agent's signature or mark, and the date that the agent signed the behavioral health orders form, if applicable; (k) The name, address, and telephone number of the adult's health-care provider, if applicable; and (l) The name of the health-care facility in which the adult is enrolled, if applicable. (2) A behavioral health orders form is effective upon compliance with this section. (3) A behavioral health orders form is effective for two years following the date that the adult signed the behavioral health orders form, unless the adult executes a new behavioral health orders form, or amends or revokes the behavioral health orders form, before the behavioral health orders form becomes ineffective. (4) Nothing in this part 2 allows an adult to include in his or her behavioral health orders form an instruction that exempts the adult from an involuntary emergency procedure, certification, or commitment authorized pursuant to state law. Any instruction that attempts to exempt the adult from an involuntary emergency procedure, certification, or commitment authorized pursuant to state law is void. (5) A behavioral health orders form may be admissible in a hearing pursuant to section 27-65-113 for the purpose of establishing the adult's behavioral health treatment, medication, and alternative treatment history, decisions, and preferences to be made on behalf of the adult during an involuntary emergency procedure, certification, or commitment authorized pursuant to state law. (6) Nothing in this part 2 means that an adult who has executed a behavioral health orders form has waived the right to a hearing before the court or jury pursuant to section 27-65-113. (7) Nothing in this part 2 means that an adult who has executed a behavioral health orders form has consented to a petition for involuntary administration of medication authority pursuant to section 27-65-113 (5).

C.R.S. § 15-18.7-203 Amendment and revocation of a behavioral health orders for scope of treatment

15-18.7-203. Amendment and revocation of a behavioral health orders for scope of treatment. (1) The adult may amend or revoke all or part of his or her behavioral health orders form at any time. (2) An amended behavioral health orders form is effective for two years following the date that the adult signed the amended behavioral health orders form, unless the adult executes a new behavioral health orders form, or amends or revokes the amended behavioral health orders form, before the amended behavioral health orders form becomes ineffective. (3) In order to execute a valid amendment or revocation, the adult must: (a) Execute a new behavioral health orders form; or (b) Mark the existing behavioral health orders form in a manner that clearly communicates the intent to amend or revoke all or part of the behavioral health orders form. (4) In order for the amendment or revocation to be valid, the amendment or revocation must include: (a) The adult's signature or mark, and the date that the adult executed the new behavioral health orders form or amended or revoked the behavioral health orders form; (b) Two disinterested witnesses' signatures or marks, and the date that the disinterested witnesses signed the new behavioral health orders form or the amended or revoked behavioral health orders form; and (c) (I) Except as provided in subsection (4)(c)(II) of this section, the agent's signature or mark, and the date that the agent signed the new behavioral health orders form or the amended or revoked behavioral health orders form, if applicable. (II) An agent's signature or mark must not be required for an amendment to be valid if the adult is amending the behavioral health orders form to remove the agent. (5) Emergency medical service personnel, a health-care provider, or an agent who becomes aware of a new, amended, or revoked behavioral health orders form shall promptly communicate the fact to a health-care provider who is providing care to the adult who is the subject of the behavioral health orders form. (6) A properly executed new, amended, or revoked behavioral health orders form controls over a previously executed behavioral health orders form.

C.R.S. § 15-18.7-204 Effect of behavioral health orders for scope of treatment

15-18.7-204. Effect of behavioral health orders for scope of treatment. (1) In executing a behavioral health orders form, the adult, agent, and the health-care provider shall make a good-faith effort to locate and incorporate, as appropriate and desired, the behavioral health treatment, medication, and alternative treatment decisions, preferences, or history documented in the adult's behavioral health orders form. (2) Except as otherwise provided in subsection (3)(a) of this section, in case of a conflict between a behavioral health orders form and an adult's advance medical directive, the document most recently executed controls for the behavioral health treatment, medication, or alternative treatment decision or preference at issue. (3) Notwithstanding any provision of this part 2 to the contrary: (a) An agent or health-care provider may not revoke or amend the adult's previously executed advance medical directive regarding provision of artificial nutrition or hydration if the directive is documented in a declaration executed by the adult pursuant to the "Colorado Medical Treatment Decision Act", article 18 of this title 15; (b) An agent may not revoke a preexisting CPR directive unless it was originally executed by the agent; (c) An agent who is a proxy decision-maker pursuant to article 18.5 of this title 15 may authorize the withdrawal of artificial nutrition or hydration only in accordance with section 15-18.5-103 (6).

C.R.S. § 15-18.7-205 Duty to comply with behavioral health orders for scope of treatment - immunity - effect on criminal charges against another person - transferability

15-18.7-205. Duty to comply with behavioral health orders for scope of treatment - immunity - effect on criminal charges against another person - transferability. (1) (a) Except as otherwise provided in this section, emergency medical service personnel, a health-care provider, or a health-care facility shall comply with an adult's executed behavioral health orders form that: (I) Has been executed in this state or another state; (II) Is apparent and immediately available; and (III) Reasonably satisfies the requirements specified in section 15-18.7-202. (b) The emergency medical service personnel, a health-care provider, or a health-care facility shall comply with the behavioral health orders form as required by subsection (1)(a) of this section unless the adult's instruction on the behavioral health orders form will cause substantial harm to the adult. If the adult's instruction on the behavioral health orders form will cause substantial harm to the adult, the emergency medical service personnel, health-care provider, or health-care facility shall make a good-faith effort to consult with the adult's agent, if applicable, and offer an alternative course of treatment. (c) In case of a conflict between the adult's behavioral health orders form and the adult's request for behavioral health treatment, medication, or alternative treatment decision or preference, the behavioral health orders form controls for the behavioral health treatment, medication, or alternative treatment decision or preference at issue. (2) Emergency medical service personnel, a health-care provider, a health-care facility, or any other person who complies with a legally executed behavioral health orders form that is apparent and immediately available and that he or she believes to be the most current version of the behavioral health orders form is not subject to civil or criminal liability or regulatory sanction for such compliance. (3) Compliance by emergency medical service personnel, a health-care provider, or a health-care facility with an executed behavioral health orders form must not affect the criminal prosecution of a person otherwise charged with the commission of a criminal act. (4) (a) Nothing in this part 2 modifies or alters any generally accepted ethics, standards, protocols, or laws for emergency medical service personnel, a health-care provider, or a health-care facility, including the provisions in section 15-18.6-108 concerning euthanasia and mercy killing. (b) A behavioral health orders form does not compel or authorize emergency medical service personnel, a health-care provider, or a health-care facility to administer behavioral health treatment, medication, or alternative treatment that is prohibited by state or federal law. (5) If the adult who is known to have properly executed and signed a behavioral health orders form is transferred from one health-care facility or health-care provider to another, the transferring health-care facility or health-care provider shall communicate the existence of the behavioral health orders form to the receiving health-care facility or health-care provider before the transfer. The transferring health-care facility or health-care provider shall ensure that the behavioral health orders form or a copy of the behavioral health orders form accompanies the adult upon admission to or discharge from a health-care facility. (6) (a) Nothing in this part 2 allows an adult to include in his or her behavioral health orders form an instruction that exempts the adult from an involuntary emergency procedure or commitment authorized pursuant to state law. Any instruction that attempts to exempt the adult from an involuntary emergency procedure or commitment authorized pursuant to state law is void. m a health-care facility. (6) (a) Nothing in this part 2 allows an adult to include in his or her behavioral health orders form an instruction that exempts the adult from an involuntary emergency procedure or commitment authorized pursuant to state law. Any instruction that attempts to exempt the adult from an involuntary emergency procedure or commitment authorized pursuant to state law is void. (b) Notwithstanding an instruction on an adult's behavioral health orders form that states to exempt the adult from an involuntary emergency procedure or commitment authorized pursuant to state law, any person authorized to perform an involuntary emergency procedure or commitment pursuant to state law and who complies with the requirements of an involuntary emergency procedure or commitment pursuant to state law is not subject to civil or criminal liability or regulatory sanction.

C.R.S. § 15-18.7-206 Behavioral health orders for scope of treatment not required for treatment

15-18.7-206. Behavioral health orders for scope of treatment not required for treatment. A health-care facility or a health-care provider shall not require an adult to have executed a behavioral health orders form as a condition of being admitted to, or receiving behavioral health treatment, medication, or alternative treatment from, the health-care facility or health-care provider.

C.R.S. § 15-18.7-207 Effect of a behavioral health orders for scope of treatment on life or health insurance

15-18.7-207. Effect of a behavioral health orders for scope of treatment on life or health insurance. An insurer may not refuse to insure, refuse to continue to insure, or limit the amount, extent, or kind of coverage available for life insurance, health insurance, or within an annuity to an individual, or charge an individual a different rate for the same coverage, solely because such individual executed a behavioral health orders form or has not executed a behavioral health orders form. With respect to all other conditions, persons who have executed a behavioral health orders form must be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are persons who have not executed a behavioral health orders form.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.docxFetched: 10/6/2026