Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0599.01 Yelana Love x2295
SENATE BILL 24-068
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING END-OF-LIFE OPTIONS FOR AN INDIVIDUAL WITH A101
TERMINAL ILLNESS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law authorizes an individual with a terminal illness to
request, and the individual's attending physician to prescribe to the
individual, medication to hasten the individual's death (medical
aid-in-dying). The bill modifies the medical aid-in-dying laws by:
! Providing an advanced practice registered nurse with the
same authority to evaluate an individual and prescribe
SENATE SPONSORSHIP
Ginal,
HOUSE SPONSORSHIP
Brown,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
medication as a physician;
! Removing the requirement that an individual must be a
resident of the state to access end-of-life options;
! Adding language specifying that if any end-of-life options
conflict with requirements to receive federal money, the
conflicting part is inoperative and the remainder of the law
will continue to operate; and
! Reducing the waiting period between oral requests from 15
days to 48 hours, and allowing attending providers to waive
the mandatory waiting period if the patient is unlikely to
survive more than 48 hours and meets all other
qualifications.
The bill also prohibits certain insurers from:
! Denying or altering health-care or life insurance benefits
otherwise available to a covered individual with a terminal
illness based on the availability of medical aid-in-dying; or
! Attempting to coerce an individual with a terminal illness
to make a request for medical aid-in-dying medication.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-48-102, amend2
(2), (3), (4), (5), (7), (9), (10), (12), (13), (15), and (16); repeal (8) and3
(14); and add (1.5) as follows:4
25-48-102. Definitions. As used in this article 48, unless the5
context otherwise requires:6
(1.5) "A
DVANCED PRACTICE REGISTERED NURSE" HAS THE SAME7
MEANING AS SET FORTH IN SECTION 12-255-104 (1).8
(2) "Attending physician
PROVIDER" means a physician OR9
ADVANCED PRACTICE REGISTERED NURSE who has primary responsibility10
for the care of a terminally ill individual and the treatment of the11
individual's terminal illness.12
(3) "Consulting physician
PROVIDER" means a physician OR13
ADVANCED PRACTICE REGISTERED NURSE who is qualified by specialty or14
experience to make a professional diagnosis and prognosis regarding a15
SB24-068-2-
terminally ill individual's illness.1
(4) "Health-care provider" or "provider" means a person who is2
licensed, certified, registered, or otherwise authorized or permitted by law3
to administer health care or dispense medication in the ordinary course of4
business or practice of a profession. The term includes a health-care
5
facility, including a long-term care facility as defined in section
6
25-3-103.7 (1)(f.3) and a continuing care retirement community as
7
described in section 25.5-6-203 (1)(c)(I)(A).
8
(5) "Informed decision" means a decision that is
BY A MENTALLY9
CAPABLE INDIVIDUAL TO REQUEST AND OBTAIN A PRESCRIPTION FOR10
MEDICATION PURSUANT TO THIS ARTICLE 48, THAT THE QUALIFIED11
INDIVIDUAL MAY SELF-ADMINISTER TO BRING ABOUT DEATH, AFTER BEING12
FULLY INFORMED BY THE ATTENDING PROVIDER AND THE CONSULTING13
PROVIDER OF:14
(a) Made by an individual to obtain a prescription for medical
15
aid-in-dying medication that the qualified individual may decide to
16
self-administer to end his or her life in a peaceful manner
THE17
INDIVIDUAL'S DIAGNOSIS AND PROGNOSIS;18
(b) Based on an understanding and acknowledgment of the
19
relevant facts; and
THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE20
MEDICATION TO BE PRESCRIBED;21
(c) Made after the attending physician fully informs the individual
22
of:
THE PROBABLE RESULT OF TAKING THE MEDICATION TO BE23
PRESCRIBED;24
(I) His or her medical diagnosis and prognosis of six months or
25
less;
26
(II) The potential risks associated with taking the medical aid-in
27
SB24-068
-3-
dying medication to be prescribed;1
(III) The probable result of taking the medical aid-in-dying
2
medication to be prescribed;
3
(IV) The choices available to an individual that demonstrate his
4
or her self-determination and intent to end his or her life in a peaceful
5
manner, including the ability to choose whether to:
6
(A) Request medical aid in dying;
7
(B) Obtain a prescription for medical aid-in-dying medication to
8
end his or her life;
9
(C) Fill the prescription and possess medical aid-in-dying
10
medication to end his or her life; and
11
(D) Ultimately self-administer the medical aid-in-dying
12
medication to bring about a peaceful death; and
13
(V) All feasible alternatives or additional treatment opportunities,
14
including comfort care, palliative care, hospice care, and pain control.
15
(d) T
HE FEASIBLE END-OF-LIFE CARE AND TREATMENT OPTIONS16
FOR THE INDIVIDUAL'S TERMINAL DISEASE, INCLUDING COMFORT CARE,17
PALLIATIVE CARE, HOSPICE CARE, AND PAIN CONTROL, AND THE RISKS AND18
BENEFITS OF EACH OF THESE OPTIONS; AND19
(e) T
HE INDIVIDUAL'S RIGHT TO WITHDRAW A REQUEST PURSUANT20
TO THIS ARTICLE 48 OR WITHDRAW CONSENT FOR ANY OTHER TREATMENT21
AT ANY TIME.22
(7) "Medical aid-in-dying" means the medical practice of a
23
physician prescribing medical aid-in-dying medication to a qualified
24
individual that the individual may choose to self-administer to bring about
25
a peaceful death
PRACTICE OF EVALUATING A REQUEST, THE DETERMINING26
OF QUALIFICATION, THE PERFORMING OF THE DUTIES IN SECTIONS27
SB24-068
-4-
25-48-106 AND 25-48-107, AND THE PROVIDING OF A PRESCRIPTION TO A1
QUALIFIED INDIVIDUAL PURSUANT TO THIS ARTICLE 48.2
(8) "Medical aid-in-dying medication" means medication
3
prescribed by a physician pursuant to this article to provide medical aid
4
in dying to a qualified individual.
5
(9) "Medically confirmed" means that
a consulting physician who6
PROVIDER has examined the terminally ill individual and the individual's7
relevant medical records
AND has confirmed the medical opinion of the8
attending physician
PROVIDER.9
(10) "Mental capacity" or "mentally capable" means that in the10
opinion of an individual's attending physician
PROVIDER, consulting11
physician, psychiatrist or psychologist
PROVIDER, OR LICENSED MENTAL12
HEALTH PROVIDER, the individual has the ability to make and13
communicate an informed decision to health-care providers.14
(12) "Prognosis of six months or less" means a prognosis resulting
15
from
a terminal illness that the illness will, within reasonable medical16
judgment, result in death within six months. and which has been
17
medically confirmed.
18
(13) (a) "Qualified individual" means a terminally ill adult with
19
a prognosis of six months or less, who has mental capacity, has made an
20
informed decision, is a resident of the state, and has satisfied the
21
requirements of this article in order to obtain a prescription for medical
22
aid-in-dying medication to end his or her life in a peaceful manner
23
CAPABLE ADULT WHO HAS SATISFIED THE REQUIREMENTS OF THIS ARTICLE24
48
IN ORDER TO OBTAIN A PRESCRIPTION FOR MEDICATION TO BRING25
ABOUT A DEATH.26
(b) A
N INDIVIDUAL IS NOT A "QUALIFIED INDIVIDUAL" BASED27
SB24-068
-5-
SOLELY ON THE INDIVIDUAL'S AGE OR DISABILITY.1
(14) "Resident" means an individual who is able to demonstrate
2
residency in Colorado by providing any of the following documentation
3
to his or her attending physician:
4
(a) A Colorado driver's license or identification card issued
5
pursuant to article 2 of title 42, C.R.S.;
6
(b) A Colorado voter registration card or other documentation
7
showing the individual is registered to vote in Colorado;
8
(c) Evidence that the individual owns or leases property in
9
Colorado; or
10
(d) A Colorado income tax return for the most recent tax year.
11
(15) (a) "Self-administer" means
WHEN a qualified individual's12
affirmative, conscious, and physical act of administering the medical
13
aid-in-dying medication to himself or herself to bring about his or her
14
own death
INDIVIDUAL PERFORMS AN AFFIRMATIVE, CONSCIOUS,15
VOLUNTARY ACT TO INGEST MEDICATION PRESCRIBED PURSUANT TO THIS16
ARTICLE 48 TO BRING ABOUT THE INDIVIDUAL'S DEATH.17
(b) "S
ELF-ADMINISTER" DOES NOT INCLUDE ADMINISTRATION BY18
PARENTERAL INJECTION OR INFUSION.19
(16) "Terminal illness" means an incurable and irreversible illness
20
DISEASE that HAS BEEN MEDICALLY CONFIRMED AND will, within21
reasonable medical judgment, result in death
WITHIN SIX MONTHS.22
SECTION 2. In Colorado Revised Statutes, 25-48-103, amend23
(1) introductory portion, (1)(a), and (1)(b) as follows:24
25-48-103. Right to request medical aid-in-dying medication.25
(1) An adult resident of Colorado
may make a request, in accordance26
with sections 25-48-104 and 25-48-112, to receive a prescription for27
SB24-068
-6-
medical aid-in-dying medication if:1
(a) The individual's attending physician
PROVIDER has diagnosed2
the individual with a terminal illness with a prognosis of six months or3
less;4
(b) The individual's attending physician
PROVIDER has determined5
the individual has mental capacity; and6
SECTION 3. In Colorado Revised Statutes, 25-48-104, amend7
(1) and (2)(c) as follows:8
25-48-104. Request process - witness requirements.9
(1) (a) E
XCEPT AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, in10
order to receive a prescription for medical aid-in-dying medication11
pursuant to this article
ARTICLE 48, an individual who satisfies the12
requirements in section 25-48-103 must make two oral requests, separated13
by at least fifteen days
FORTY-EIGHT HOURS, and a valid written request14
to his or her
THE INDIVIDUAL'S attending physician PROVIDER.15
(b) I
F AN INDIVIDUAL'S ATTENDING PROVIDER HAS DETERMINED16
THAT THE INDIVIDUAL WILL, WITHIN REASONABLE MEDICAL JUDGMENT,17
DIE WITHIN FORTY-EIGHT HOURS AFTER MAKING THE INITIAL ORAL18
REQUEST UNDER THIS SECTION, THE INDIVIDUAL MAY SATISFY THE19
REQUIREMENTS OF THIS SECTION BY REITERATING THE ORAL REQUEST TO20
THE ATTENDING PROVIDER AT ANY TIME AFTER MAKING THE INITIAL ORAL21
REQUEST.22
(2) (c) Neither
The individual's attending physician nor OR23
CONSULTING PROVIDER OR a person authorized as the individual's24
qualified power of attorney or durable medical power of attorney shall25
NOT serve as a witness to the written request.26
SECTION 4. In Colorado Revised Statutes, 25-48-105, amend27
SB24-068
-7-
(2) as follows:1
25-48-105. Right to rescind request - requirement to offer2
opportunity to rescind. (2) An attending physician
PROVIDER shall not3
write a prescription for medical aid-in-dying medication under this article
4
ARTICLE 48 unless the attending physician PROVIDER offers the qualified5
individual an opportunity to rescind the request for the medical6
aid-in-dying medication.7
SECTION 5. In Colorado Revised Statutes, 25-48-106, amend8
(1) introductory portion, (1)(d), (1)(f), (1)(h) introductory portion,9
(1)(h)(IV), (1)(i), and (1)(l); and repeal (1)(b) as follows:10
25-48-106. Attending provider responsibilities. (1) The11
attending physician
PROVIDER shall:12
(b) Request that the individual demonstrate Colorado residency by
13
providing documentation as described in section 25-48-102 (14);
14
(d) Refer the individual to a consulting physician
PROVIDER for15
medical confirmation of the diagnosis and prognosis and for a16
determination of whether the individual is mentally capable, is
making an17
informed decision, and acting voluntarily;18
(f) Refer the individual to a licensed mental health professional19
pursuant to section 25-48-108 if the attending physician believes that the
20
individual may not be mentally capable of making an informed decision
21
PROVIDER OBSERVES SIGNS THAT THE INDIVIDUAL MAY NOT BE CAPABLE22
OF MAKING AN INFORMED DECISION;23
(h) Counsel
EDUCATE the individual about the importance of:24
(IV) Notifying his or her
THE INDIVIDUAL'S next of kin OR ANY25
PERSON WHO PLAYS A SIGNIFICANT ROLE IN THE INDIVIDUAL'S LIFE, WHICH26
MAY INCLUDE A PERSON NOT LEGALLY RELATED TO THE INDIVIDUAL, of27
SB24-068
-8-
the request for medical aid-in-dying medication;1
(i) Inform the individual that he or she
THE INDIVIDUAL may2
rescind the request for medical aid-in-dying medication at any time and
3
in any manner
PURSUANT TO THIS ARTICLE 48;4
(l) Either:5
(I) Dispense medical aid-in-dying medications directly to the6
qualified individual, including ancillary medications intended to minimize7
the individual's discomfort, if the attending physician
PROVIDER has a8
current drug enforcement administration certificate and complies with any9
applicable administrative rule; or10
(II) Deliver the written prescription personally, by mail, or11
through authorized electronic transmission in the manner permitted under12
article 280 of title 12, to a licensed pharmacist, who shall dispense the13
medical aid-in-dying medication to the qualified individual, the attending14
physician
PROVIDER, or an individual expressly designated by the15
qualified individual.16
SECTION 6. In Colorado Revised Statutes, amend 25-48-107 as17
follows:18
25-48-107. Consulting provider responsibilities. (1) Before an19
individual who is requesting medical aid-in-dying medication may receive20
a prescription for the medical aid-in-dying medication, a consulting21
physician
PROVIDER must:22
(1)
(a) Examine the individual and his or her THE INDIVIDUAL'S23
relevant medical records;
AND24
(2)
(b) Confirm, in writing, to the attending physician PROVIDER25
THAT THE INDIVIDUAL:26
(a)
(I) That the individual Has a terminal illness;27
SB24-068
-9-
(b) (II) The individual Has a prognosis of six months or less;1
(c)
(III) That the individual Is making an informed decision; and2
(d)
(IV) That the individual Is mentally capable, or provide3
documentation that the consulting physician
PROVIDER has referred the4
individual for further evaluation in accordance with section 25-48-108;5
AND6
(V) H
AS REQUESTED A PRESCRIPTION FOR MEDICAL AID-IN-DYING7
MEDICATION.8
SECTION 7. In Colorado Revised Statutes, repeal and reenact,9
with amendments, 25-48-108 as follows:10
25-48-108. Confirmation that individual is mentally capable11
- referral to mental health professional. (1) I
F EITHER THE ATTENDING12
PROVIDER OR THE CONSULTING PROVIDER HAS DOUBTS AS TO WHETHER AN13
INDIVIDUAL IS MENTALLY CAPABLE, THE PROVIDER SHALL REFER THE14
INDIVIDUAL TO A LICENSED MENTAL HEALTH PROVIDER FOR15
DETERMINATION REGARDING MENTAL CAPABILITY.16
(2) T
HE LICENSED MENTAL HEALTH PROVIDER TO WHOM THE17
INDIVIDUAL IS REFERRED PURSUANT TO SUBSECTION (1) OF THIS SECTION18
SHALL SUBMIT TO THE REQUESTING ATTENDING PROVIDER OR THE19
CONSULTING PROVIDER WHO REFERRED THE INDIVIDUAL A WRITTEN20
DETERMINATION OF WHETHER THE INDIVIDUAL IS MENTALLY CAPABLE.21
(3) I
F THE LICENSED MENTAL HEALTH PROVIDER DETERMINES THAT22
THE INDIVIDUAL IS NOT MENTALLY CAPABLE, THE INDIVIDUAL IS NOT A23
QUALIFIED INDIVIDUAL AND THE ATTENDING PROVIDER SHALL NOT24
PRESCRIBE MEDICATION TO THE INDIVIDUAL UNDER THIS ARTICLE 48.25
SECTION 8. In Colorado Revised Statutes, 25-48-109, amend26
(1) as follows:27
SB24-068
-10-
25-48-109. Death certificate. (1) Unless otherwise prohibited by1
law, the attending physician
PROVIDER or the hospice medical director2
shall sign the death certificate of a qualified individual who obtained and3
self-administered
MEDICAL aid-in-dying medication.4
SECTION 9. In Colorado Revised Statutes, 25-48-110, amend5
(2) as follows:6
25-48-110. Informed decision required. (2) Immediately before7
writing a prescription for medical aid-in-dying medication under this8
article
ARTICLE 48, the attending physician PROVIDER shall verify that the9
individual with a terminal illness is making an informed decision.10
SECTION 10. In Colorado Revised Statutes, 25-48-111, amend11
(1) introductory portion, (1)(c), (1)(d), and (1)(g) as follows:12
25-48-111. Medical record documentation requirements -13
reporting requirements - department compliance reviews - rules.14
(1) The attending physician
PROVIDER shall document in the individual's15
medical record, the following information:16
(c) The attending physician's
PROVIDER'S diagnosis and prognosis,17
determination of mental capacity, and that the individual is making a18
voluntary request and an informed decision;19
(d) The consulting physician's
PROVIDER'S confirmation of20
diagnosis and prognosis, mental capacity, and that the individual is21
making an informed decision;22
(g) A notation by the attending physician
PROVIDER that all23
requirements under this article
ARTICLE 48 have been satisfied AND24
indicating steps taken to carry out the request, including a notation of the25
medical aid-in-dying medications prescribed and when.26
SECTION 11. In Colorado Revised Statutes, amend 25-48-11227
SB24-068
-11-
as follows:1
25-48-112. Form of written request. (1) A request for medical2
aid-in-dying medication authorized by this article
ARTICLE 48 must be in3
substantially the following form:4
Request for medication to end my life5
in a peaceful manner6
I,
am an adult of sound mind. I am suffering from ,7
which my attending physician
PROVIDER has determined is a terminal8
illness and which has been medically confirmed. I have been fully9
informed of my diagnosis and prognosis of six months or less, the nature10
of the medical aid-in-dying medication to be prescribed and potential11
associated risks, the expected result, and the feasible alternatives or12
additional treatment opportunities, including comfort care, palliative care,13
hospice care, and pain control.14
I request that my attending physician
PROVIDER prescribe medical15
aid-in-dying medication that will end my life in a peaceful manner if I16
choose to take it, and I authorize my attending physician
PROVIDER to17
contact any pharmacist about my request.18
I understand that I have the right to rescind this request at any time.19
I understand the seriousness of this request, and I expect to die if I take
20
the aid-in-dying medication prescribed.
21
I further understand that although most deaths occur within three hours,22
my death may take longer, and my attending physician
PROVIDER has23
counseled me about this possibility. I make this request voluntarily,24
without reservation, and without being coerced, and I accept full25
responsibility for my actions.26
Signed:
27
SB24-068
-12-
Dated: 1
Declaration of witnesses2
We declare that the individual signing this request:3
Is personally known to us or has provided proof of identity;4
Signed this request in our presence;5
Appears to be of sound mind and not under duress, coercion, or undue6
influence; and7
I am not the attending physician
PROVIDER for the individual.8
witness 1/date9
witness 2/date10
Note: Of the two witnesses to the written request, at least one must not:11
Be a relative (by blood, marriage, civil union, or adoption) of the12
individual signing this request; be entitled to any portion of the13
individual's estate upon death; or own, operate, or be employed at a14
health-care facility where the individual is a patient or resident.15
And neither the individual's attending physician
OR CONSULTING16
PROVIDER nor a person authorized as the individual's qualified power of17
attorney or durable medical power of attorney shall serve as a witness to18
the written request.19
SECTION 12. In Colorado Revised Statutes, 25-48-116, amend20
(3) introductory portion as follows:21
25-48-116. Immunity for actions in good faith - prohibition22
against reprisals. (3) A request by an individual for, or the provision by23
an attending physician
PROVIDER of, medical aid-in-dying medication in24
good faith compliance with this article
ARTICLE 48 does not:25
SECTION 13. In Colorado Revised Statutes, 25-48-117, amend26
(2); and add (3) as follows:27
SB24-068
-13-
25-48-117. No duty to prescribe or dispense. (2) If a1
health-care provider is unable or unwilling to carry out an individual's2
request for medical aid-in-dying medication made in accordance with this3
article, and the individual transfers his or her care to a new health-care
4
provider, the prior health-care provider shall transfer, upon request, a
5
copy of the individual's relevant medical records to the new health-care
6
provider.
ARTICLE 48, THE PROVIDER SHALL:7
(a) I
NFORM THE INDIVIDUAL OF THE PROVIDER'S INABILITY OR8
UNWILLINGNESS; AND9
(b) N
OTE THE INDIVIDUAL'S DATE OF REQUEST AND PROVIDER'S10
NOTICE TO THE INDIVIDUAL OF THE PROVIDER'S INABILITY OR11
UNWILLINGNESS TO CARRY OUT THE INDIVIDUAL'S REQUEST IN THE12
MEDICAL RECORD.13
(3) I
F THE INDIVIDUAL TRANSFERS THE INDIVIDUAL'S CARE TO A14
NEW HEALTH-CARE PROVIDER, THE PRIOR HEALTH-CARE PROVIDER SHALL15
TRANSFER, UPON REQUEST, A COPY OF THE INDIVIDUAL'S RELEVANT16
MEDICAL RECORDS TO THE NEW HEALTH-CARE PROVIDER.17
SECTION 14. In Colorado Revised Statutes, 25-48-118, amend18
(1); and add (2.5) and (2.7) as follows:19
25-48-118. Health-care facility permissible prohibitions -20
sanctions if provider violates policy. (1) A health-care facility may21
prohibit a physician
PROVIDER employed or under contract from writing22
a prescription for medical aid-in-dying medication for a qualified23
individual who intends to use the medical aid-in-dying medication on the24
facility's premises. The health-care facility must notify the physician
25
PROVIDERS AND STAFF AT THE TIME OF HIRING, CONTRACTING WITH, OR26
PRIVILEGING AND ON A YEARLY BASIS THEREAFTER in writing of its policy27
SB24-068
-14-
with regard to prescriptions for medical aid-in-dying medication. A1
health-care facility that fails to provide
EXPLICIT advance notice to the2
physician
PROVIDERS AND STAFF shall not be entitled to enforce such a3
policy. against the physician.
4
(2.5) A
HEALTH-CARE FACILITY SHALL NOT PROHIBIT A PROVIDER5
FROM FULFILLING THE FOLLOWING REQUIREMENTS OF INFORMED CONSENT6
AND MEETING THE STANDARD OF MEDICAL CARE BY:7
(a) P
ROVIDING INFORMATION TO AN INDIVIDUAL REGARDING THE8
INDIVIDUAL'S HEALTH STATUS, INCLUDING DIAGNOSIS, PROGNOSIS,9
RECOMMENDED TREATMENT, AND TREATMENT ALTERNATIVES, INCLUDING10
THE RISKS AND BENEFITS OF THE RECOMMENDED TREATMENT AND EACH11
TREATMENT ALTERNATIVE;12
(b) P
ROVIDING INFORMATION REGARDING HEALTH-CARE SERVICES13
AVAILABLE PURSUANT TO THIS ARTICLE 48, INFORMATION ABOUT14
RELEVANT COMMUNITY RESOURCES, AND INFORMATION ABOUT HOW THE15
INDIVIDUAL CAN ACCESS THOSE SERVICES AND RESOURCES TO RECEIVE16
CARE;17
(c) P
RACTICING MEDICAL AID-IN-DYING OUTSIDE THE SCOPE OF18
THE PROVIDER'S EMPLOYMENT OR CONTRACT WITH THE FACILITY AND OFF19
THE PREMISES OF THE FACILITY; OR20
(d) B
EING PRESENT WHEN A QUALIFIED INDIVIDUAL21
SELF-ADMINISTERS MEDICATION PRESCRIBED PURSUANT TO THIS ARTICLE22
48
OR AT THE TIME OF THE INDIVIDUAL'S DEATH, IF REQUESTED BY THE23
QUALIFIED INDIVIDUAL OR THE INDIVIDUAL'S REPRESENTATIVE, AND IF24
ACTING OUTSIDE THE SCOPE OF THE PROVIDER'S EMPLOYMENT OR25
CONTRACTUAL DUTIES.26
(2.7) A
HEALTH-CARE FACILITY THAT PROHIBITS A PROVIDER,27
SB24-068
-15-
WHILE PERFORMING DUTIES FOR THE FACILITY, FROM DETERMINING1
WHETHER AN INDIVIDUAL IS A QUALIFIED INDIVIDUAL OR FROM2
PRESCRIBING OR DISPENSING MEDICATION PURSUANT TO THIS ARTICLE 483
SHALL PROVIDE NOTICE OF THIS PROHIBITION TO THE PUBLIC BY POSTING4
THE NOTICE ON THE HEALTH-CARE FACILITY'S PUBLIC-FACING WEBSITE.5
SECTION 15. In Colorado Revised Statutes, amend 25-48-1206
as follows:7
25-48-120. Safe disposal of unused medical aid-in-dying8
medications. (1) A person who has custody or control of medical9
aid-in-dying medication dispensed under this article that the terminally ill
10
individual decides not to use or that remains unused
ARTICLE 48 after the11
A terminally ill individual's death shall dispose of the unused medical12
aid-in-dying medication either by:13
(1)
(a) Returning the unused medical aid-in-dying medication to14
the attending physician
PROVIDER who prescribed the medical15
aid-in-dying medication, who shall dispose of the unused medical16
aid-in-dying medication in the manner required by law; or17
(2)
(b) Lawful means in accordance with section 25-15-328,18
C.R.S.
or any other state or federally approved medication take-back19
program authorized under the federal "Secure and Responsible Drug20
Disposal Act of 2010", Pub.L. 111-273, and regulations adopted pursuant21
to the federal act.22
SECTION 16. In Colorado Revised Statutes, amend 25-48-12123
as follows:24
25-48-121. Actions complying with article not a crime. Nothing25
in this article
ARTICLE 48 authorizes a physician PROVIDER or any other26
person to end an individual's life by lethal injection, mercy killing, or27
SB24-068
-16-
euthanasia. Actions taken in accordance with this article ARTICLE 48 do1
not, for any purpose, constitute suicide, assisted suicide, mercy killing,2
homicide, or elder abuse under the "Colorado Criminal Code", as set forth3
in title 18. C.R.S.
4
SECTION 17. In Colorado Revised Statutes, amend 25-48-1225
as follows:6
25-48-122. Claims by government entity for costs. A7
government entity that incurs costs resulting from an individual
8
terminating his or her life pursuant to this article
SELF-ADMINISTRATION9
OF MEDICATION PRESCRIBED UNDER THIS ARTICLE 48 in a public place has10
a claim against the estate of the individual to recover the costs and11
reasonable attorney fees related to enforcing the claim.12
SECTION 18. In Colorado Revised Statutes, add 25-48-124 as13
follows:14
25-48-124. Severability. I
F ANY PART OF THIS ARTICLE 48 IS15
FOUND TO BE IN CONFLICT WITH FEDERAL REQUIREMENTS THAT ARE A16
PRESCRIBED CONDITION FOR RECEIPT OF FEDERAL FUNDS, THE17
CONFLICTING PART OF THIS SECTION IS INOPERATIVE SOLELY TO THE18
EXTENT OF THE CONFLICT, AND THE CONFLICT DOES NOT AFFECT THE19
OPERATION OF THE REMAINDER OF THIS ARTICLE 48.20
SECTION 19. In Colorado Revised Statutes, 10-7-103, add (3)21
as follows:22
10-7-103. Life insurance policies - prohibition. (3) A
LIFE23
INSURANCE COMPANY DOING BUSINESS IN COLORADO SHALL NOT DENY OR24
ALTER BENEFITS OTHERWISE AVAILABLE TO AN INDIVIDUAL WITH A25
TERMINAL DISEASE BASED ON THE AVAILABILITY OF MEDICAL26
AID-IN-DYING PURSUANT TO ARTICLE 48 OF TITLE 25.27
SB24-068
-17-
SECTION 20. In Colorado Revised Statutes, add 10-16-167 as1
follows:2
10-16-167. Medical aid-in-dying - carrier prohibitions. (1) A3
CARRIER SHALL NOT:4
(a) D
ENY OR ALTER BENEFITS OTHERWISE AVAILABLE TO A5
COVERED INDIVIDUAL WITH A TERMINAL DISEASE BASED ON THE6
AVAILABILITY OF MEDICAL AID-IN-DYING PURSUANT TO ARTICLE 48 OF7
TITLE 25.8
(b) A
TTEMPT TO COERCE AN INDIVIDUAL WITH A TERMINAL9
DISEASE TO MAKE A REQUEST FOR MEDICAL AID-IN-DYING MEDICATION.10
SECTION 21. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly; except13
that, if a referendum petition is filed pursuant to section 1 (3) of article V14
of the state constitution against this act or an item, section, or part of this15
act within such period, then the act, item, section, or part will not take16
effect unless approved by the people at the general election to be held in17
November 2024 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
SB24-068
-18-
