Colorado 2024 Regular Session

Colorado House Bill HB1103 Latest Draft

Bill / Enrolled Version Filed 03/21/2024

                            HOUSE BILL 24-1103
BY REPRESENTATIVE(S) Amabile and Herod, Bacon, Boesenecker,
Brown, deGruy Kennedy, Froelich, Garcia, Hernandez, Jodeh, Kipp, Lieder,
Lindsay, Lindstedt, Mabrey, McCormick, Rutinel, Sirota, Story, Velasco,
Weissman, Woodrow, McCluskie;
also SENATOR(S) Gonzales and Buckner, Bridges, Coleman, Cutter,
Exum, Fields, Ginal, Hansen, Hinrichsen, Jaquez Lewis, Kolker,
Marchman, Michaelson Jenet, Priola, Sullivan, Winter F.
C
ONCERNING PROHIBITIONS ON THE OFFICIAL USE OF THE TERM "EXCITED
DELIRIUM
".
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-31-907 as
follows:
24-31-907.  Prohibited use of "excited delirium" - definition.
(1) (a)  A
 PERSON OR ENTITY CONDUCTING A TRAINING PROGRAM FOR PEACE
OFFICERS
, AS DESCRIBED IN SECTION 16-2.5-101 (1), OR OTHER FIRST
RESPONDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE TO THE
TERM 
"EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. A PEACE OFFICER,
AS DESCRIBED IN SECTION 16-2.5-101 (1), LAW ENFORCEMENT AGENCY , OR
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. OTHER ORGANIZATION SHALL NOT REPORT TO THE P.O.S.T. BOARD, CREATED
IN SECTION 
24-31-302, A COURSE THAT CONTAINS THE CONCEPT OF EXCITED
DELIRIUM FOR CREDIT TOWARD ANY TRAINING REQUIRED BY SECTIONS
24-31-303 (1), 24-31-315, OR ANY RULE PROMULGATED BY THE P.O.S.T.
BOARD. NOTHING IN THIS SECTION PROHIBITS THE INSTRUCTION OF , OR
REPORTING TO THE 
P.O.S.T. BOARD FOR TRAINING CREDIT, COURSES THAT
INCLUDE THE SAFE AND EFFECTIVE INTERACTION WITH INDIVIDUALS
EXHIBITING AN ALTERED MENTAL STATE
, INCLUDING SYMPTOMATOLOGY OF
A STATE OF AGITATION
, EXCITABILITY, PARANOIA, EXTREME AGGRESSION,
PHYSICAL VIOLENCE, AND APPARENT IMMUNITY FROM PAIN .
(b)  A
 PEACE OFFICER SHALL NOT USE THE TERM "EXCITED DELIRIUM"
TO DESCRIBE AN INDIVIDUAL IN AN IN CIDENT REPORT COMPLETED BY A
PEACE OFFICER
. A PEACE OFFICER MAY DESCRIBE THE CHARACTERISTICS OF
AN INDIVIDUAL
'S CONDUCT BUT SHALL NOT GENERALLY DESCRIBE THE
INDIVIDUAL
'S DEMEANOR, CONDUCT, OR PHYSICAL OR MENTAL CONDITION
AT ISSUE AS 
"EXCITED DELIRIUM".
(2)  F
OR PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" MEANS A
TERM USED TO DESCRIBE A PERSON
'S STATE OF AGITATION, EXCITABILITY,
PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT
IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST RECENT VERSION OF
THE 
DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS.
"E
XCITED DELIRIUM" ALSO INCLUDES EXCITED DELIRIUM SYNDROME ,
HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
SECTION 2. In Colorado Revised Statutes, 25-2-110, amend (5)
as follows:
25-2-110.  Certificates of death - definition. (5) (a)  When inquiry
is required by section 30-10-606, the coroner shall determine the cause of
death and shall complete and sign the medical certification within
forty-eight hours after receipt of the electronic death registration request,
except as permitted by subsection (5.5) of this section. If an autopsy is
performed, the certification shall
 MUST indicate whether the decedent was
pregnant at the time of death, and said THE information shall MUST be
reported on the certificate of death as required by subsection (9) of this
section. Except as otherwise provided in subsection (4.5) of this section, a
coroner, medical examiner, forensic pathologist, or other qualified
individual that determines the cause of death and completes the medical
PAGE 2-HOUSE BILL 24-1103 certification for a certificate of death in accordance with this subsection (5)
must use the electronic death registration system used by the department of
public health and environment and the state registrar pursuant to subsection
(1)(b)(I) of this section.
(b)  A
 CORONER, MEDICAL EXAMINER, FORENSIC PATHOLOGIST, OR
OTHER QUALIFIED INDIVIDUAL WHO COMPLETES THE MEDICAL
CERTIFICATION FOR A CERTIFICATE OF DEATH PURSUANT TO THIS
SUBSECTION 
(5) OR SUBSECTION (5.5) OR (6) OF THIS SECTION SHALL NOT
REGISTER 
"EXCITED DELIRIUM" AS THE CAUSE OF DEATH.
(c)  F
OR PURPOSES OF THIS SUBSECTION (5), "EXCITED DELIRIUM"
MEANS A TERM USED TO DESCRIBE A PERSON 'S STATE OF AGITATION,
EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND
APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST RECENT
VERSION OF THE 
DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL
DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED DELIRIUM
SYNDROME
, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND EXHAUSTIVE
MANIA
.
SECTION 3. In Colorado Revised Statutes, 25-3.5-203, amend (2)
as follows:
25-3.5-203.  Emergency medical service providers - licensure -
renewal of license - duties of department - rules - record checks -
definitions. (2) (a)  The council shall advise the department and the board
in establishing the training requirements for certificate or license renewal,
which training requirements must include a classroom component requiring
at least thirty-six and not more than fifty classroom hours.
(b)  W
ITH THE EXCEPTION OF USING THE TERM "EXCITED DELIRIUM"
IN THE TEACHING OF THE HISTORY OF THE TERM , A PERSON OR ENTITY
CONDUCTING A TRAINING PROGRAM FOR EMERGENCY MEDICAL SERVICE
PROVIDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE TO THE
TERM 
"EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. NOTHING IN THIS
SECTION PROHIBITS THE INSTRUCTION OF EMERGENCY MEDICAL SERVICE
COURSES THAT INCLUDE THE SAFE AND EFFECTIVE MEDICAL INTERACTION
WITH INDIVIDUALS EXHIBITING AN ALTERED MENTAL STATE
, INCLUDING
SYMPTOMATOLOGY OF A STATE OF AGITATION
, EXCITABILITY, PARANOIA,
EXTREME AGGRESSION , PHYSICAL VIOLENCE, AND APPARENT IMMUNITY
PAGE 3-HOUSE BILL 24-1103 FROM PAIN.
(c)  F
OR PURPOSES OF SUBSECTION (2)(b) OF THIS SECTION, "EXCITED
DELIRIUM
" MEANS A TERM USED TO DESCRIBE A PERSON 'S STATE OF
AGITATION
, EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL
VIOLENCE
, AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE
MOST RECENT VERSION OF THE 
DIAGNOSTIC AND STATISTICAL MANUAL OF
MENTAL DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED
DELIRIUM SYNDROME
, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND
EXHAUSTIVE MANIA
.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-HOUSE BILL 24-1103 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________  ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 24-1103