2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 18.7 - Directives Concerning Orders for Scope of Treatment
Part 2 - Directives Concerning Behavioral Health Orders for Scope of Treatment
§ 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:
   1. Examination;
   2. Service;
   3. Procedure; or
   4. 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:
   1. 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;
   2. An emergency medical responder or a registered emergency medical responder, as defined in section 25-3.5-1102 (1) and (3);
   3. A crisis response system contractor, as defined in section 27-60-100.3 (4).

8. “Health-care facility” means:
   1. A hospital;
   2. A hospice inpatient residence;
   3. A nursing facility;
   4. A dialysis treatment facility;
   5. An assisted living residence;
   6. An entity that provides home-based and community-based services;
   7. A hospice or home health-care agency;
   8. The Colorado mental health institute at Fort Logan;
   9. The Colorado mental health institute at Pueblo; or
   10. 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:
   1. 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;
   2. A professional person, as defined in section 27-65-102 (17);
   3. A mental health professional licensed, certified, or registered pursuant to article 245 of title 12; or
   4. 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.

History. Source: L. 2019: Entire part added, (HB 19-1044), ch. 60, p. 204, § 2, effective August 2.