Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 24-0414.01 Michael Dohr x4347 HOUSE BILL 24-1103 House Committees Senate Committees Judiciary Judiciary A BILL FOR AN ACT C ONCERNING PROHIBITIONS ON THE OFFICIAL USE OF THE TERM101 " EXCITED DELIRIUM".102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill prohibits training for law enforcement personnel, emergency medical service providers, or other first responders from including the term "excited delirium". A peace officer is prohibited from using the term "excited delirium" to describe a person in an incident report. A coroner or other person authorized to determine a cause of death shall not register "excited delirium" as the cause of death on a death SENATE 2nd Reading Unamended March 15, 2024 HOUSE 3rd Reading Unamended February 13, 2024 HOUSE Amended 2nd Reading February 12, 2024 HOUSE SPONSORSHIP Amabile and Herod, Bacon, Boesenecker, Brown, deGruy Kennedy, Froelich, Garcia, Hernandez, Jodeh, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, McCluskie, McCormick, Rutinel, Sirota, Story, Velasco, Weissman, Woodrow SENATE SPONSORSHIP Gonzales and Buckner, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. certificate. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 24-31-907 as2 follows:3 24-31-907. Prohibited use of "excited delirium" - definition.4 (1) (a) A PERSON OR ENTITY CONDUCTING A TRAINING PROGRAM FOR5 PEACE OFFICERS, AS DESCRIBED IN SECTION 16-2.5-101 (1), OR OTHER6 FIRST RESPONDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE7 TO THE TERM "EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. A PEACE8 OFFICER, AS DESCRIBED IN SECTION 16-2.5-101 (1), LAW ENFORCEMENT9 AGENCY, OR OTHER ORGANIZATION SHALL NOT REPORT TO THE P.O.S.T.10 BOARD, CREATED IN SECTION 24-31-302, A COURSE THAT CONTAINS THE11 CONCEPT OF EXCITED DELIRIUM FOR CREDIT TOWARD ANY TRAINING12 REQUIRED BY SECTIONS 24-31-303 (1), 24-31-315, OR ANY RULE13 PROMULGATED BY THE P.O.S.T. BOARD. NOTHING IN THIS SECTION14 PROHIBITS THE INSTRUCTION OF, OR REPORTING TO THE P.O.S.T. BOARD15 FOR TRAINING CREDIT, COURSES THAT INCLUDE THE SAFE AND EFFECTIVE16 INTERACTION WITH INDIVIDUALS EXHIBITING AN ALTERED MENTAL STATE ,17 INCLUDING SYMPTOMATOLOGY OF A STATE OF AGITATION , EXCITABILITY,18 PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT19 IMMUNITY FROM PAIN.20 (b) A PEACE OFFICER SHALL NOT USE THE TERM "EXCITED21 DELIRIUM" TO DESCRIBE AN INDIVIDUAL IN AN INCIDENT REPORT22 COMPLETED BY A PEACE OFFICER . A PEACE OFFICER MAY DESCRIBE THE23 CHARACTERISTICS OF AN INDIVIDUAL 'S CONDUCT BUT SHALL NOT24 GENERALLY DESCRIBE THE INDIVIDUAL 'S DEMEANOR, CONDUCT, OR25 1103-2- PHYSICAL OR MENTAL CONDITION AT ISSUE AS "EXCITED DELIRIUM".1 (2) F OR PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" MEANS2 A TERM USED TO DESCRIBE A PERSON 'S STATE OF AGITATION ,3 EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE,4 AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST5 RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF6 M ENTAL DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED7 DELIRIUM SYNDROME, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND8 EXHAUSTIVE MANIA.9 SECTION 2. In Colorado Revised Statutes, 25-2-110, amend (5)10 as follows:11 25-2-110. Certificates of death - definition. (5) (a) When12 inquiry is required by section 30-10-606, the coroner shall determine the13 cause of death and shall complete and sign the medical certification14 within forty-eight hours after receipt of the electronic death registration15 request, except as permitted by subsection (5.5) of this section. If an16 autopsy is performed, the certification shall MUST indicate whether the17 decedent was pregnant at the time of death, and said THE information18 shall MUST be reported on the certificate of death as required by19 subsection (9) of this section. Except as otherwise provided in subsection20 (4.5) of this section, a coroner, medical examiner, forensic pathologist, or21 other qualified individual that determines the cause of death and22 completes the medical certification for a certificate of death in accordance23 with this subsection (5) must use the electronic death registration system24 used by the department of public health and environment and the state25 registrar pursuant to subsection (1)(b)(I) of this section.26 (b) A CORONER, MEDICAL EXAMINER, FORENSIC PATHOLOGIST, OR27 1103 -3- OTHER QUALIFIED INDIVIDUAL WHO COMPLETES THE MEDICAL1 CERTIFICATION FOR A CERTIFICATE OF DEATH PURSUANT TO THIS2 SUBSECTION (5) OR SUBSECTION (5.5) OR (6) OF THIS SECTION SHALL NOT3 REGISTER "EXCITED DELIRIUM" AS THE CAUSE OF DEATH.4 (c) F OR PURPOSES OF THIS SUBSECTION (5), "EXCITED DELIRIUM"5 MEANS A TERM USED TO DESCRIBE A PERSON 'S STATE OF AGITATION,6 EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE,7 AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST8 RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF9 M ENTAL DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED10 DELIRIUM SYNDROME, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND11 EXHAUSTIVE MANIA.12 SECTION 3. In Colorado Revised Statutes, 25-3.5-203, amend13 (2) as follows:14 25-3.5-203. Emergency medical service providers - licensure15 - renewal of license - duties of department - rules - record checks -16 definitions. (2) (a) The council shall advise the department and the board17 in establishing the training requirements for certificate or license renewal,18 which training requirements must include a classroom component19 requiring at least thirty-six and not more than fifty classroom hours.20 (b) WITH THE EXCEPTION OF USING THE TERM "EXCITED DELIRIUM"21 IN THE TEACHING OF THE HISTORY OF THE TERM, A PERSON OR ENTITY22 CONDUCTING A TRAINING PROGRAM FOR EMERGENCY MEDICAL SERVICE23 PROVIDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE TO THE24 TERM "EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. NOTHING IN THIS25 SECTION PROHIBITS THE INSTRUCTION OF EMERGENCY MEDICAL SERVICE26 COURSES THAT INCLUDE THE SAFE AND EFFECTIVE MEDICAL INTERACTION27 1103 -4- WITH INDIVIDUALS EXHIBITING AN ALTERED MENTAL STATE, INCLUDING1 SYMPTOMATOLOGY OF A STATE OF AGITATION, EXCITABILITY, PARANOIA,2 EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT IMMUNITY3 FROM PAIN.4 (c) F OR PURPOSES OF SUBSECTION (2)(b) OF THIS SECTION,5 " EXCITED DELIRIUM" MEANS A TERM USED TO DESCRIBE A PERSON'S STATE6 OF AGITATION, EXCITABILITY, PARANOIA, EXTREME AGGRESSION ,7 PHYSICAL VIOLENCE, AND APPARENT IMMUNITY TO PAIN THAT IS NOT8 LISTED IN THE MOST RECENT VERSION OF THE DIAGNOSTIC AND9 S TATISTICAL MANUAL OF MENTAL DISORDERS. "EXCITED DELIRIUM"10 ALSO INCLUDES EXCITED DELIRIUM SYNDROME , HYPERACTIVE DELIRIUM,11 AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.12 SECTION 4. Act subject to petition - effective date. This act13 takes effect at 12:01 a.m. on the day following the expiration of the14 ninety-day period after final adjournment of the general assembly; except15 that, if a referendum petition is filed pursuant to section 1 (3) of article V16 of the state constitution against this act or an item, section, or part of this17 act within such period, then the act, item, section, or part will not take18 effect unless approved by the people at the general election to be held in19 November 2024 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21 1103 -5-