CASEYFRANK

Attorney & Counselor

RESOURCES

COLORADO LAWS AND REGULATIONS



Updated as of November 16, 2016


This section links to laws governing the practice of medicine. They orient you to a key provision, and the entire law provides the full picture. You can find the rest by using the citations included, and navigating to the official Colorado site here: www.lexisnexis.com/hottopics/Colorado.


CCR refers to the Code of Colorado Regulations

C.J.I. refers to Colorado Jury Instructions

C.R.S. refers to Colorado Revised Statutes


Anatomical Gifts

C.R.S. § 12-34-101

Procedures have been established for expressing the intent to donate an organ or tissues, and the means for ensuring enforcement of those wishes.


Apology for Unanticipated Outcomes

C.R.S. § 13-25-135

Expressions of regret by health care providers to patients injured by a medical mistake are encouraged, by prohibiting use of the apology in litigation.


At-Risk Adult Abuse Reporting

C.R.S. § 26-3.1-102

Health care professionals (and others) must report a mistreated or self-neglected at-risk adult, to a county agency or a local law enforcement agency.


Child Abuse Reporting

C.R.S. § 19-3-304

Health care professionals (and others) must report an abused or neglected child, to a county agency or a local law enforcement agency.


Confidentiality between Patients and Caregivers (with Exceptions)

C.R.S. § 13-90-107

This is the primary statute protecting the confidentiality of communications between patients and caregivers (with exceptions).


Confidentiality of Medical Treatment

C.R.S. § 25-1-1202

Many laws influence the confidentiality of medical treatment and records. This is a the statutory list of the citations for the State of Colorado.


Confidentiality of Paternity Testing

C.R.S. § 25-1-122.5

This statute keeps the results of genetic paternity testing from being used for any other reason.


CPR Directives

C.R.S. § 15-18.6-101

Directives relating to CPR empower a competent adult to avoid life support, both at home, and in a health care facility as a physician's order.


CPR Directives Fact Sheet

Link to pdf

Dept. of Public Health Summary of CPR Directives.


CPR Directives Regulations

6 CCR 1015-2

Dept. of Public Health Regulations implementing CPR Directives.


Designated Beneficiary Agreements

C.R.S. § 15-22-105(3)(f)

An alternative method to empower another to act as your decision maker, including for medical treatment.


Determination of Death

C.R.S. § 12-36-136

Death legally occurs at a defined point, based upon circulatory, respiratory, and brain functions, and in accordance with accepted medical standards.


Disposition of Remains

C.R.S. § 15-19-106

Competent adults are provided the legal means to direct what happens to their bodily remains after death, and to prevent others who try to impose contrary wishes.


Genetic Discrimination Prohibition

C.R.S. § 10-3-1104.7

This law forbids insurance companies from using genetic data to deny access to health care insurance, group disability insurance, or long-term care insurance coverage.


Guardian of Incapacitated Persons

C.R.S. § 15-14-304

Guardians of an incapacitated person have the same powers and rights that a parent has to provide informed consent or refusal for a minor child. This is a key provision of the statutes that governs the process.


Living Will Statute

C.R.S. § 15-18-101

Competent adults have the right to accept or reject medical or surgical treatment in advance, if later they have a terminal condition and are unable to communicate.


Manslaughter Exceptions for Advance Directives and Palliative Care

C.R.S. § 18-3-104

This statute clarifies that when an advance directive is followed or palliative care administered, even if it indirectly hastens a patient's death, it does not constitute manslaughter.


Medical Power of Attorney

C.R.S. § 15-14-506

A health care agent for an incapacitated person, using a medical durable power of attorney, is empowered to provide informed consent or refusal.


Medical Practice Act

Link to website

The Board of Medical Examiners was established to regulate physicians and allied care providers. View the Medical Practice Act, the Medical Rules and Regulations, and the Medical Board Policies directly on the site of the Colorado Medical Board.


Mental Health Care Providers: No Liability to Predict

C.R.S. § 13-21-117

Mental health workers and institutions cannot predict violent behavior by patients unless explicitly warned, and should thus not be held liable.


Mental Health Holds

C.R.S. § 27-65-102

This governs the procedures and standards by which a person may be involuntarily detained for mental health evaluation and treatment.


Mental Health Division Services

2 CCR 502-3

These regulations govern the way public mental health services are provided, and the manner in which complaints about mental health licensed professionals are addressed.


Mental Health Practice Act

CRS § 12-43-101

The Act regulates psychologists, social workers, marriage and family therapists, professional counselors, psychotherapists, and addiction counselors through separate States Boards of Examiners.


Minors and Ages of Capacity

Several C.R.S. Sections

This summarizes laws that set different threshold ages of capacity for medical treatment, advance medical directives, organ donation and guardianship.


M.O.S.T.

C.R.S. § 15-18.7-102

Medical Orders for Scope of Treatment—a way to make plans with your doctor, for your future care.


Courtesy of the Colorado Advance Directives Consortium:


Click here to get a copy of the M.O.S.T. Form


Click here to get a copy of the M.O.S.T. FAQ


Click here to get a copy of the M.O.S.T. Instructional Booklet


Nursing Facilities: Rights of Patients

C.R.S. § 25-1-120

Patients in skilled nursing and intermediate care facilities must adopt and communicate the extensive rights and responsibilities of the patients.


Parentage Information

C.R.S. § 19-1-308

This is intended to protect confidentiality of adoption proceedings from third parties, but not among siblings or parents.


Parental Notification Concerning Abortion

CRS § 12-37.5-104

These provisions provide if and how parents must be notified before an abortion is provided to a minor


Prohibition of Retaliation for Patient Safety Reporting

C.R.S. § 8-2-123

This statute protects health care workers from retaliation when they make a good faith disclosure with regard to patient safety.


Proxy Decision Makers

C.R.S. § 15-18.5-101

There is a method for the interested persons of an incapacitated person to provide informed consent to or refusal even when the patient did not plan ahead.


[Board of] Psychologist Examiners

Link to website

The Board regulates under the Mental Health Practice Act. See the Act, the Psychologist Rules, and the Board Policies directly on the site of the Board of Psychologist Examiners.


[Board of] Psychologist Examiners

3 CCR 721-1

These regulations apply to the professional conduct of psychologists, and partly to other mental health professionals.


Right for Persons in Custody

C.R.S. § 16-3-401

In Colorado, the government has an obligation to provide medical care for anyone who is incarcerated.


Mentally Ill, Right to Treatment

C.R.S. § 27-65-116

Persons receiving mental health treatment have the right for it to be suited to meet his individual needs, in the least restrictive environment, and with the participation of family members.


Treatment - Religious Belief

C.R.S. § 25-1-115 and C.R.S. § 25-1-515

These privilege religious faith by allowing it to block treatment otherwise mandated by a board of health.