2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 18.7. Directives Concerning Orders for Scope of Treatment
Section 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:
Has been executed in this state or another state;
Is apparent and immediately available; and
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 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).
Emergency medical service personnel, a health care provider, a health care facility, or anyother 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.
Compliance by emergency medical service personnel, a health care provider, or a health carefacility 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.
In the absence of an executed medical orders for scope of treatment form declining CPR or aCPR directive, an adult's consent to CPR shall be presumed.
An adult's physician, advanced practice nurse, or, if under the supervision of the physician,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 nurse, or physician assistant. The physician, advanced practice 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 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 thereof, shall be given the same force and effect as the original form signed by the physician, advanced practice nurse, or physician assistant.
(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.
Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1278, § 1, effective August 11. L. 2016: (1)(b) and (5) amended, (SB 16-158), ch. 204, p. 725, § 12, effective August 10. L.
2019: (6)(a) amended, (HB 19-1044), ch. 60, p. 211, § 4, effective August 2.
Cross references: For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016. For the legislative declaration in HB 19-1044, see section 1 of chapter 60, Session Laws of Colorado 2019.
