Anatomical Gifts
— C.R.S. § 12-34-101 (Revised 2007)
Procedures have been established for expressing the intent to donate an organ or tissues, and the means for ensuring enforcement of those wishes.
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Apology for Unanticipated Outcomes
— C.R.S § 13-25-135
Expressions of regret by health care providers to patients injured by a medical mistake are encouraged, by prohibiting use of the apology in litigation.
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At-Risk Adult Abuse Reporting
— C.R.S. § 26-3.1-102
Health care professionals (and others) must report a mistreated or self-neglected at-risk adult, to a county agency or a local law enforcement agency.
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Child Abuse Reporting
— C.R.S. § 19-3-30
Health care professionals (and others) must report an abused or neglected child, to a county agency or a local law enforcement agency.
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Confidentiality between patients and caregivers (with exceptions)
— C.R.S. §13-90-107(d & g)
This is the primary statute protecting the confidentiality of communications between patients and caregivers (with exceptions).
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Confidentiality of Medical Treatment
— C.R.S. § 25-1-1202
Many laws influence the confidentiality of medical treatment and records. This is a the statutory list of the citations for the State of Colorado.
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Confidentiality of Paternity Testing
— C.R.S. § 25-1-122.5
This statute keeps the results of genetic paternity testing from being used for any other reason.
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CPR Directives
— C.R.S. § 15-18.6-101
Directives Relating to CPR empower a competent adult to avoid life support, both at home, and in a health care facility as a physician?s order.
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CPR Directives Fact Sheet
(requires Adobe Reader get it here.)
Dept. of Public Health Summary of CPR Directives.
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CPR Directives Regulations
— 6 C.C.R.-1015.2
Dept. of Public Health Regulations Implementing CPR Directives.
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Death Determination
— C.R.S. § 12-36-136
Death legally occurs at a defined point, based upon circulatory, respiratory, and brain functions, and in accordance with accepted medical standards.
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Disposition of Remains
— C.R.S. § 15-19-101
Competent adults are provided the legal means to direct what happens to their bodily remains after death, and to prevent others who try to impose contrary wishes.
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Genetic Discrimination Prohibition
— C.R.S. § 10-3-1104.7
This law forbids insurance companies from using genetic data to deny access to health care insurance, group disability insurance, or long-term care insurance coverage.
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Guardian of Incapacitated Persons
— C.R.S. § 15-14-301 to C.R.S. § 15-14-318
Guardians of an incapacitated person have the same powers and rights that a parent has to provide informed consent or refusal for a minor child. These are the many statutes that guide their appointment, conduct, and termination.
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H.I.V. Testing Mandated
— CRS § 25-4-1405(8) & University of Colorado Hospital Policy
This statute spells out when persons may be tested for H.I.V. without their consent, after a provider or worker is exposed to their blood.
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Living Will Statute
— C.R.S. § 15-18-101
Competent adults have the right to accept or reject medical or surgical treatment in advance, if later they have a terminal condition and are unable to communicate.
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Manslaughter Exceptions for Advance Directives & Palliative Care
— CRS § 18-3-104
This statute clarifies that when an advance directive is followed or palliative care administered, even if it indirectly hastens a patient?s death, it does not constitute manslaughter.
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Medical Power of Attorney
— C.R.S. § 15-14-501
A health care agent for an incapacitated person, using a medical durable power of attorney, is empowered to provide informed consent or refusal.
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Medical Practice Act
— CRS § 12-36-104(a)
The Board of Medical Examiners was established to regulate physicians and allied care providers through published policies. View them directly on the BME site.
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Mental Health Care Providers: No Liability to Predict
— C.R.S. § 13-21-117
Mental health workers and institutions cannot predict violent behavior by patients unless explicitly warned, and should thus not be held liable.
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Mental Health Holds
— selected statutes starting with C.R.S. § 27-10-102
These statutes govern the procedures and standards by which a person may be involuntarily detained for mental health treatment.
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Mental Health Services: Regulations of the Division of Mental Health
— 2 CCR 501-1 to 502-3
These regulations govern the way public mental health services are provided, and the manner in which complaints about mental health licensed professionals are addressed.
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Minors and Ages of Capacity
— Several C.R.S. Sections
This summarizes laws that set different threshold ages of capacity for medical treatment, advance medical directives, organ donation and guardianship.
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Nursing Facilities; Rights of Patients
— C.R.S. § 25-1-120
Patients in skilled nursing and intermediate care facilities must adopt and communicate the extensive rights and responsibilities of the patients.
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Parentage Information
— C.R.S. § 19-1-308
This is intended to protect confidentiality of adoption proceedings from third parties, but not among siblings or parents.
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Parental Notification Concerning Abortion
— CRS § 12-37.5-104 to 108
These provisions provide if and how parents must be notified before an abortion is provided to a minor.
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Physician Battery
— C.J.I. 15:7-9 (2003)
This jury instruction summarizes the consequences if health care providers have contact with patients without consent.
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Proxy Decision Makers
— C.R.S. § 15-18.5-101
There is a method for the interested persons of an incapacitated person to provide informed consent to or refusal even when the patient did not plan ahead.
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Reporting of Certain Diseases
— C.R.S. § 25-1-122
Certain communicable diseases must be reported to state and local health departments, without patient consent, but only if necessary to protect public health.
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Right to Treatment by Prisoners
— Two C.R.S. Sections
In Colorado, the government has an obligation to provide medical care for anyone who is incarcerated.
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Right to Treatment for the Mentally Ill
— C.R.S. § 27-10-116
Persons receiving mental health treatment have the right for it to be suited to meet his individual needs, in the least restrictive environment, and with the participation of family members.
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Sterilization of Minors and the Disabled (Several Statutes)
— C.R.S. § 27-10.5-128, 129, 130, 131
There are several ways that minors and the disabled are protected from wrong sterilization, by added medical consultation, and required court orders.
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Treatment - Religious Belief (3 Statutes)
— C.R.S. § 25-1-115, § 25-1-515, § 25-1-717
These privilege religious faith by allowing it to block treatment otherwise mandated by a board of health.
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Uninformed Consent
— C.J.I. 15:11-13 (2003)
This jury instruction summarizes the duty to disclose by health care providers, as needed to achieve informed consent.
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