2020 Colorado Revised Statutes
Title 25.5 - Health Care Policy And Financing
Article 4. Colorado Medical Assistance Act - General Medical Assistance
Section 25.5-4-415. No public funds for abortion - exception - repeal.

(1) It is the purpose of this section to implement the provisions of section 50 of article V of the Colorado constitution, adopted by the registered electors of the state of Colorado at the general election November 6, 1984, which prohibits the use of public funds by the state of Colorado or its agencies or political subdivisions to pay or otherwise reimburse, directly or indirectly, any person, agency, or facility for any induced abortion.

2. If every reasonable effort has been made to preserve the lives of a pregnant womanand her unborn child, then public funds may be used pursuant to this section to pay or reimburse for necessary medical services, not otherwise provided for by law.

3. (a) Except as provided in paragraph (b) of this subsection (3), any necessary medical services performed pursuant to this section shall be performed only in a licensed health care facility by a provider who is a licensed physician.

(b) However, such services may be performed in other than a licensed health care facility if, in the medical judgment of the attending physician, the life of the pregnant woman or her unborn child is substantially threatened and a transfer to a licensed health care facility would further endanger the life of the pregnant woman or her unborn child. Such medical services may be performed in other than a licensed health care facility if the medical services are necessitated by a life-endangering circumstance described in subparagraph (II) of paragraph (b) of subsection (6) of this section and if there is no licensed health care facility within a thirty-mile radius of the place where such medical services are performed.

(4) (a) Any physician who renders necessary medical services pursuant to subsection (2) of this section shall report the following information to the state department:

1. The age of the pregnant woman and the gestational age of the unborn child at the timethe necessary medical services were performed;

2. The necessary medical services which were performed;

3. The medical condition which necessitated the performance of necessary medicalservices;

4. The date such necessary medical services were performed and the name of the facility in which such services were performed.

(b) The information required to be reported pursuant to paragraph (a) of this subsection (4) shall be compiled by the state department and such compilation shall be an ongoing public record; except that the privacy of the pregnant woman and the attending physician shall be preserved.

5. For purposes of this section, pregnancy is a medically diagnosable condition.

6. For the purposes of this section:

(a) (I) "Death" means:

1. The irreversible cessation of circulatory and respiratory functions; or

2. The irreversible cessation of all functions of the entire brain, including the brainstem.

(II) A determination of death under this section shall be in accordance with accepted medical standards.

(b) "Life-endangering circumstance" means:

1. The presence of a medical condition, other than a psychiatric condition, as determined by the attending physician, which represents a serious and substantial threat to the life of the pregnant woman if the pregnancy continues to term;

2. The presence of a lethal medical condition in the unborn child, as determined by theattending physician and one other physician, which would result in the impending death of the unborn child during the term of pregnancy or at birth; or

3. The presence of a psychiatric condition which represents a serious and substantialthreat to the life of the pregnant woman if the pregnancy continues to term. In such case, unless the pregnant woman has been receiving prolonged psychiatric care, the attending licensed physician shall obtain consultation from a licensed physician specializing in psychiatry confirming the presence of such a psychiatric condition. The attending physician shall report the findings of such consultation to the state department.

(c) "Necessary medical services" means any medical procedures deemed necessary to prevent the death of a pregnant woman or her unborn child due to life-endangering circumstances.

7. If any provision of this section or application thereof is held invalid, such invalidityshall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable.

8. Use of the term "unborn child" in this section is solely for the purposes of facilitatingthe implementation of section 50 of article V of the state constitution, and its use shall not affect any other law or statute nor shall it create any presumptions relating to the legal status of an unborn child or create or affect any distinction between the legal status of an unborn child and the legal status of a fetus.

9. This section shall be repealed if section 50 of article V of the Colorado constitution isrepealed.

Source: L. 2006: Entire article added with relocations, p. 1851, § 7, effective July 1.

Editor's note: This section is similar to former § 26-4-512 as it existed prior to 2006.