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
§ 15-18.7-202. Behavioral Health Orders for Scope of Treatment - Form Contents - Effect

1. A behavioral health orders form must include the following information concerning the adult whose behavioral health treatment, medication, and alternative treatment are the subject of the behavioral health orders form:
   1. The adult's name, date of birth, and gender;
   2. The adult's eye and hair color;
   3. The adult's race or ethnic background;
   4. The adult's instructions concerning behavioral health treatment;
   5. The adult's instructions concerning medication, including primary and alternative instructions;
   6. The adult's instructions concerning alternative treatment;
   7. The adult's instructions concerning appointing an agent or not appointing an agent. If the adult chooses to appoint an agent, he or she must include:
      1. The name, address, and telephone number of the agent; and
      2. The scope of the agent's authority when acting on behalf of the adult. The scope of the agent's authority must be either:
         1. The agent is limited to executing the adult's instructions detailed on the behavioral health orders form; or
         2. The agent has authority to make decisions concerning behavioral health treatment, medication, and alternative treatment on behalf of the adult.

   8. The adult's signature or mark, and the date that the adult signed the behavioral health orders form;
   9. Two disinterested witnesses' signatures or marks, and the date that the disinterested witnesses signed the behavioral health orders form;
   10. The agent's signature or mark, and the date that the agent signed the behavioral health orders form, if applicable;
   11. The name, address, and telephone number of the adult's health-care provider, if applicable; and
   12. The name of the health-care facility in which the adult is enrolled, if applicable.

2. A behavioral health orders form is effective upon compliance with this section.
3. A behavioral health orders form is effective for two years following the date that the adult signed the behavioral health orders form, unless the adult executes a new behavioral health orders form, or amends or revokes the behavioral health orders form, before the behavioral health orders form becomes ineffective.
4. Nothing in this part 2 allows an adult to include in his or her behavioral health orders form an instruction that exempts the adult from an involuntary emergency procedure, certification, or commitment authorized pursuant to state law. Any instruction that attempts to exempt the adult from an involuntary emergency procedure, certification, or commitment authorized pursuant to state law is void.
5. A behavioral health orders form may be admissible in a hearing pursuant to section 27-65-111 for the purpose of establishing the adult's behavioral health treatment, medication, and alternative treatment history, decisions, and preferences to be made on behalf of the adult during an involuntary emergency procedure, certification, or commitment authorized pursuant to state law.
6. Nothing in this part 2 means that an adult who has executed a behavioral health orders form has waived the right to a hearing before the court or jury pursuant to section 27-65-111.
7. Nothing in this part 2 means that an adult who has executed a behavioral health orders form has consented to a petition for involuntary administration of medication authority pursuant to section 27-65-111 (5).

History. Source: L. 2019: Entire part added,(HB 19-1044), ch. 60, p. 206, § 2, effective August 2. L. 2020: (4) and (5) amended,(SB 20-136), ch. 70, p. 283, § 6, effective September 14.

For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.