2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 18 - Colorado Medical Treatment Decision Act
§ 15-18-113. Penalties - Refusal - Transfer

Universal Citation: CO Code § 15-18-113 (2021)
  1. [ ] A person who willfully conceals, defaces, damages, or destroys a declaration of another person, without the knowledge and consent of the declarant, commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
  2. A person who falsifies or forges a declaration of another person commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
  3. If a person falsifies or forges a declaration of another person and the terms of the declaration are carried out, resulting in the death of the purported declarant, the person commits a class 2 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
  4. [ ] A person who willfully withholds information concerning the revocation of a declaration of another person commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
  5. An attending physician or advanced practice nurse who refuses to comply with the terms of a declaration valid on its face shall transfer the care of the declarant to another physician or advanced practice nurse who is willing to comply with the declaration. Refusal of an attending physician or advanced practice nurse to comply with a declaration and failure to transfer the care of the declarant to another physician or advanced practice nurse shall constitute unprofessional conduct as defined in section 12-240-121 or grounds for discipline pursuant to section 12-255-120.
Editor's note: This version of subsection (1) is effective until March 1, 2022.

(1) [ ] A person who willfully conceals, defaces, damages, or destroys a declaration of another person, without the knowledge and consent of the declarant, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 .

Editor's note: This version of subsection (1) is effective March 1, 2022. Editor's note: This version of subsection (4) is effective until March 1, 2022.

(4) [ ] A person who willfully withholds information concerning the revocation of a declaration of another person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 .

Editor's note: This version of subsection (4) is effective March 1, 2022.

History. Source: L. 2010: Entire article R&RE,(HB 10-1025), ch. 113, p. 382, § 1, effective August 11; (5) amended,(HB 10-1422), ch. 419, p. 2126, § 189, effective August 11. L. 2019: (5) amended,(HB 19-1172), ch. 136, p. 1670, § 82, effective October 1. L. 2021: (1) and (4) amended,(SB 21-271), ch. 462, p. 3159, § 162, effective March 1, 2022.


Editor's note:

Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.


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