Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0599.01 Yelana Love x2295
SENATE BILL 24-068
Senate Committees House Committees
Health & Human Services
Appropriations
A BILL FOR AN ACT
C
ONCERNING END-OF-LIFE OPTIONS FOR AN INDIVIDUAL WITH A101
TERMINAL ILLNESS.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
.)
Current law authorizes an individual with a terminal illness to
request, and the individual's attending physician to prescribe to the
individual, medication to hasten the individual's death (medical
aid-in-dying). The bill modifies the medical aid-in-dying laws by:
! Providing an advanced practice registered nurse with the
same authority to evaluate an individual and prescribe
SENATE
Amended 2nd Reading
March 7, 2024
SENATE SPONSORSHIP
Ginal,
HOUSE SPONSORSHIP
Brown,
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. medication as a physician;
! Removing the requirement that an individual must be a
resident of the state to access end-of-life options;
! Adding language specifying that if any end-of-life options
conflict with requirements to receive federal money, the
conflicting part is inoperative and the remainder of the law
will continue to operate; and
! Reducing the waiting period between oral requests from 15
days to 48 hours, and allowing attending providers to waive
the mandatory waiting period if the patient is unlikely to
survive more than 48 hours and meets all other
qualifications.
The bill also prohibits certain insurers from:
! Denying or altering health-care or life insurance benefits
otherwise available to a covered individual with a terminal
illness based on the availability of medical aid-in-dying; or
! Attempting to coerce an individual with a terminal illness
to make a request for medical aid-in-dying medication.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-48-102, amend2
(2), (3), (4), (5), (7), (9), (10), (12), (13), (15), and (16); repeal (8);
and3
add (1.5) as follows:4
25-48-102. Definitions. As used in this article 48, unless the5
context otherwise requires:6
(1.5) "A
DVANCED PRACTICE REGISTERED NURSE " HAS THE SAME7
MEANING AS SET FORTH IN SECTION 12-255-104 (1).8
(2) "Attending physician
PROVIDER" means a physician OR9
ADVANCED PRACTICE REGISTERED NURSE who has primary responsibility10
for the care of a terminally ill individual and the treatment of the11
individual's terminal illness.12
(3) "Consulting physician PROVIDER" means a physician OR13
ADVANCED PRACTICE REGISTERED NURSE who is qualified by specialty or14
experience to make a professional diagnosis and prognosis regarding a15
068-2- terminally ill individual's illness.1
(4) "Health-care provider" or "provider" means a person who is2
licensed, certified, registered, or otherwise authorized or permitted by law3
to administer health care or dispense medication in the ordinary course of4
business or practice of a profession. The term includes a health-care5
facility, including a long-term care facility as defined in section6
25-3-103.7 (1)(f.3) and a continuing care retirement community as7
described in section 25.5-6-203 (1)(c)(I)(A).8
(5) "Informed decision" means a decision that is BY A MENTALLY9
CAPABLE INDIVIDUAL TO REQUEST AND OBTAIN A PRESCRIPTION FOR10
MEDICATION PURSUANT TO THIS ARTICLE 48, THAT THE QUALIFIED11
INDIVIDUAL MAY SELF-ADMINISTER TO BRING ABOUT DEATH, AFTER BEING12
FULLY INFORMED BY THE ATTENDING PROVIDER AND THE CONSULTING13
PROVIDER OF:14
(a) Made by an individual to obtain a prescription for medical15
aid-in-dying medication that the qualified individual may decide to16
self-administer to end his or her life in a peaceful manner THE17
INDIVIDUAL'S DIAGNOSIS AND PROGNOSIS;18
(b) Based on an understanding and acknowledgment of the19
relevant facts; and THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE20
MEDICATION TO BE PRESCRIBED;21
(c) Made after the attending physician fully informs the individual22
of: THE PROBABLE RESULT OF TAKING THE MEDICATION TO BE23
PRESCRIBED;24
(I) His or her medical diagnosis and prognosis of six months or25
less;26
(II) The potential risks associated with taking the medical aid-in27
068
-3- dying medication to be prescribed;1
(III) The probable result of taking the medical aid-in-dying2
medication to be prescribed;3
(IV) The choices available to an individual that demonstrate his4
or her self-determination and intent to end his or her life in a peaceful5
manner, including the ability to choose whether to:6
(A) Request medical aid in dying;7
(B) Obtain a prescription for medical aid-in-dying medication to8
end his or her life;9
(C) Fill the prescription and possess medical aid-in-dying10
medication to end his or her life; and11
(D) Ultimately self-administer the medical aid-in-dying12
medication to bring about a peaceful death; and13
(V) All feasible alternatives or additional treatment opportunities,14
including comfort care, palliative care, hospice care, and pain control.15
(d) T
HE FEASIBLE END-OF-LIFE CARE AND TREATMENT OPTIONS16
FOR THE INDIVIDUAL'S TERMINAL DISEASE, INCLUDING COMFORT CARE ,17
PALLIATIVE CARE, HOSPICE CARE, AND PAIN CONTROL, AND THE RISKS AND18
BENEFITS OF EACH OF THESE OPTIONS; AND19
(e) T
HE INDIVIDUAL'S RIGHT TO WITHDRAW A REQUEST PURSUANT20
TO THIS ARTICLE 48 OR WITHDRAW CONSENT FOR ANY OTHER TREATMENT21
AT ANY TIME.22
(7) "Medical aid-in-dying" means the medical practice of a
23
physician prescribing medical aid-in-dying medication to a qualified24
individual that the individual may choose to self-administer to bring about25
a peaceful death PRACTICE OF EVALUATING A REQUEST, THE DETERMINING26
OF QUALIFICATION, THE PERFORMING OF THE DUTIES IN SECTIONS27
068
-4- 25-48-106 AND 25-48-107, AND THE PROVIDING OF A PRESCRIPTION TO A1
QUALIFIED INDIVIDUAL PURSUANT TO THIS ARTICLE 48.2
(8) "Medical aid-in-dying medication" means medication3
prescribed by a physician pursuant to this article to provide medical aid4
in dying to a qualified individual.5
(9) "Medically confirmed" means that a consulting physician who6
PROVIDER has examined the terminally ill individual and the individual's7
relevant medical records
AND has confirmed the medical opinion of the8
attending physician
PROVIDER.9
(10) "Mental capacity" or "mentally capable" means that in the10
opinion of an individual's attending physician PROVIDER, consulting11
physician PROVIDER, psychiatrist or psychologist, the individual has the12
ability to make and communicate an informed decision to health-care13
providers.14
(12) "Prognosis of six months or less" means a prognosis resulting15
from a terminal illness that the illness will, within reasonable medical16
judgment, result in death within six months. and which has been17
medically confirmed.18
(13) (a) "Qualified individual" means a terminally ill adult with19
a prognosis of six months or less, who has mental capacity, has made an20
informed decision, is a resident of the state and has satisfied the21
requirements of this article in order to obtain a prescription for medical22
aid-in-dying medication to end his or her life in a peaceful manner WHO23
IS A CAPABLE ADULT AND WHO HAS SATISFIED THE REQUIREMENTS OF THIS24
ARTICLE 48 IN ORDER TO OBTAIN A PRESCRIPTION FOR MEDICATION TO25
BRING ABOUT A DEATH.26
(b) A
N INDIVIDUAL IS NOT A "QUALIFIED INDIVIDUAL" BASED27
068
-5- SOLELY ON THE INDIVIDUAL'S AGE OR DISABILITY.1
2
(15) (a) "Self-administer" means
WHEN a qualified individual's
3
affirmative, conscious, and physical act of administering the medical4
aid-in-dying medication to himself or herself to bring about his or her5
own death INDIVIDUAL PERFORMS AN AFFIRMATIVE , CONSCIOUS,6
VOLUNTARY ACT TO INGEST MEDICATION PRESCRIBED PURSUANT TO THIS7
ARTICLE 48 TO BRING ABOUT THE INDIVIDUAL'S DEATH.8
(b) "S
ELF-ADMINISTER" DOES NOT INCLUDE ADMINISTRATION BY9
PARENTERAL INJECTION OR INFUSION.10
(16) "Terminal illness" means an incurable and irreversible illness
11
DISEASE that HAS BEEN MEDICALLY CONFIRMED AND will, within12
reasonable medical judgment, result in death
WITHIN SIX MONTHS.13
SECTION 2. In Colorado Revised Statutes, 25-48-103, amend14
(1)(a) and (1)(b) as follows:
15
25-48-103. Right to request medical aid-in-dying medication.16
(1) An adult resident of Colorado may make a request, in accordance17
with sections 25-48-104 and 25-48-112, to receive a prescription for18
medical aid-in-dying medication if:19
(a) The individual's attending physician PROVIDER has diagnosed20
the individual with a terminal illness with a prognosis of six months or21
less;22
(b) The individual's attending physician PROVIDER has determined23
the individual has mental capacity; and24
SECTION 3. In Colorado Revised Statutes, 25-48-104, amend25
(1) and (2)(c) as follows:26
25-48-104. Request process - witness requirements.27
068
-6- (1) (a) EXCEPT AS PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, in1
order to receive a prescription for medical aid-in-dying medication2
pursuant to this article ARTICLE 48, an individual who satisfies the3
requirements in section 25-48-103 must make two oral requests, separated4
by at least fifteen SEVEN days, and a valid written request to his or her5
THE INDIVIDUAL'S attending physician PROVIDER.6
(b) I
F AN INDIVIDUAL'S ATTENDING PROVIDER HAS DETERMINED7
THAT THE INDIVIDUAL WILL, WITHIN REASONABLE MEDICAL JUDGMENT ,8
DIE WITHIN FORTY-EIGHT HOURS AFTER MAKING THE INITIAL ORAL9
REQUEST UNDER THIS SECTION , THE INDIVIDUAL MAY SATISFY THE10
REQUIREMENTS OF THIS SECTION BY REITERATING THE ORAL REQUEST TO11
THE ATTENDING PROVIDER AT ANY TIME AFTER MAKING THE INITIAL ORAL12
REQUEST.13
(2) (c) Neither
The individual's attending physician nor OR14
CONSULTING PROVIDER OR a person authorized as the individual's15
qualified power of attorney or durable medical power of attorney shall16
NOT serve as a witness to the written request.17
SECTION 4. In Colorado Revised Statutes, 25-48-105, amend18
(2) as follows:19
25-48-105. Right to rescind request - requirement to offer20
opportunity to rescind. (2) An attending physician
PROVIDER shall not21
write a prescription for medical aid-in-dying medication under this article22
ARTICLE 48 unless the attending physician PROVIDER offers the qualified23
individual an opportunity to rescind the request for the medical24
aid-in-dying medication.25
SECTION 5. In Colorado Revised Statutes, 25-48-106, amend26
(1) introductory portion, (1)(d), (1)(f), (1)(h) introductory portion,27
068
-7- (1)(h)(IV), (1)(i), and (1)(l) as follows:1
25-48-106. Attending provider responsibilities. (1) The2
attending physician PROVIDER shall:3
4
(d) Refer the individual to a consulting physician PROVIDER for5
medical confirmation of the diagnosis and prognosis and for a6
determination of whether the individual is mentally capable, is making an7
informed decision, and acting voluntarily;8
(f) Refer the individual to a licensed mental health professional9
pursuant to section 25-48-108 if the attending physician believes that the10
individual may not be mentally capable of making an informed decision11
PROVIDER OBSERVES SIGNS THAT THE INDIVIDUAL MAY NOT BE CAPABLE12
OF MAKING AN INFORMED DECISION ;13
(h) Counsel EDUCATE the individual about the importance of:14
(IV) Notifying his or her THE INDIVIDUAL'S next of kin OR ANY15
PERSON WHO PLAYS A SIGNIFICANT ROLE IN THE INDIVIDUAL 'S LIFE, WHICH16
MAY INCLUDE A PERSON NOT LEGALLY RELATED TO THE INDIVIDUAL , of17
the request for medical aid-in-dying medication;18
(i) Inform the individual that he or she THE INDIVIDUAL may19
rescind the request for medical aid-in-dying medication at any time and20
in any manner PURSUANT TO THIS ARTICLE 48;21
(l) Either:22
(I) Dispense medical aid-in-dying medications directly to the23
qualified individual, including ancillary medications intended to minimize24
the individual's discomfort, if the attending physician PROVIDER has a25
current drug enforcement administration certificate and complies with any26
applicable administrative rule; or27
068
-8- (II) Deliver the written prescription personally, by mail, or1
through authorized electronic transmission in the manner permitted under2
article 280 of title 12, to a licensed pharmacist, who shall dispense the3
medical aid-in-dying medication to the qualified individual, the attending4
physician PROVIDER, or an individual expressly designated by the5
qualified individual.6
SECTION 6. In Colorado Revised Statutes, amend 25-48-107 as7
follows:8
25-48-107. Consulting provider responsibilities. (1) Before an9
individual who is requesting medical aid-in-dying medication may receive10
a prescription for the medical aid-in-dying medication, a consulting11
physician PROVIDER must:12
(1) (a) Examine the individual and his or her THE INDIVIDUAL'S13
relevant medical records;
AND14
(2)
(b) Confirm, in writing, to the attending physician PROVIDER15
THAT THE INDIVIDUAL:16
(a) (I) That the individual Has a terminal illness;17
(b) (II) The individual Has a prognosis of six months or less;18
(c) (III) That the individual Is making an informed decision; and19
(d) (IV) That the individual Is mentally capable, or provide20
documentation that the consulting physician PROVIDER has referred the21
individual for further evaluation in accordance with section 25-48-108;22
AND23
(V) H
AS REQUESTED A PRESCRIPTION FOR MEDICAL AID -IN-DYING24
MEDICATION.25
SECTION 7. In Colorado Revised Statutes, repeal and reenact,26
with amendments, 25-48-108 as follows:27
068
-9- 25-48-108. Confirmation that individual is mentally capable1
- referral to mental health professional. (1) I
F EITHER THE ATTENDING2
PROVIDER OR THE CONSULTING PROVIDER HAS DOUBTS AS TO WHETHER AN3
INDIVIDUAL IS MENTALLY CAPABLE , THE PROVIDER SHALL REFER THE4
INDIVIDUAL TO A LICENSED MENTAL HEALTH PROVIDER FOR5
DETERMINATION REGARDING MENTAL CAPABILITY .6
(2) T
HE LICENSED MENTAL HEALTH PROVIDER TO WHOM THE7
INDIVIDUAL IS REFERRED PURSUANT TO SUBSECTION (1) OF THIS SECTION8
SHALL SUBMIT TO THE REQUESTING ATTENDING PROVIDER OR THE9
CONSULTING PROVIDER WHO REFERRED THE INDIVIDUAL A WRITTEN10
DETERMINATION OF WHETHER THE INDIVIDUAL IS MENTALLY CAPABLE .11
(3) I
F THE LICENSED MENTAL HEALTH PROVIDER DETERMINES THAT12
THE INDIVIDUAL IS NOT MENTALLY CAPABLE , THE INDIVIDUAL IS NOT A13
QUALIFIED INDIVIDUAL AND THE ATTENDING PROVIDER SHALL NOT14
PRESCRIBE MEDICATION TO THE INDIVIDUAL UNDER THIS ARTICLE 48.15
SECTION 8. In Colorado Revised Statutes, 25-48-109, amend16
(1) as follows:17
25-48-109. Death certificate. (1) Unless otherwise prohibited by18
law, the attending physician
PROVIDER or the hospice medical director19
shall sign the death certificate of a qualified individual who obtained and20
self-administered
MEDICAL aid-in-dying medication.21
SECTION 9. In Colorado Revised Statutes, 25-48-110, amend22
(2) as follows:23
25-48-110. Informed decision required. (2) Immediately before24
writing a prescription for medical aid-in-dying medication under this25
article
ARTICLE 48, the attending physician PROVIDER shall verify that the26
individual with a terminal illness is making an informed decision.27
068
-10- SECTION 10. In Colorado Revised Statutes, 25-48-111, amend1
(1) introductory portion, (1)(c), (1)(d), and (1)(g) as follows:2
25-48-111. Medical record documentation requirements -3
reporting requirements - department compliance reviews - rules.4
(1) The attending physician PROVIDER shall document in the individual's5
medical record, the following information:6
(c) The attending physician's PROVIDER'S diagnosis and prognosis,7
determination of mental capacity, and that the individual is making a8
voluntary request and an informed decision;9
(d) The consulting physician's PROVIDER'S confirmation of10
diagnosis and prognosis, mental capacity, and that the individual is11
making an informed decision;12
(g) A notation by the attending physician PROVIDER that all13
requirements under this article ARTICLE 48 have been satisfied AND14
indicating steps taken to carry out the request, including a notation of the15
medical aid-in-dying medications prescribed and when.16
SECTION 11. In Colorado Revised Statutes, amend 25-48-11217
as follows:18
25-48-112. Form of written request. (1) A request for medical19
aid-in-dying medication authorized by this article ARTICLE 48 must be in20
substantially the following form:21
Request for medication to end my life22
in a peaceful manner23
I, am an adult of sound mind. I am suffering from ,24
which my attending physician PROVIDER has determined is a terminal25
illness and which has been medically confirmed. I have been fully26
informed of my diagnosis and prognosis of six months or less, the nature27
068
-11- of the medical aid-in-dying medication to be prescribed and potential1
associated risks, the expected result, and the feasible alternatives or2
additional treatment opportunities, including comfort care, palliative care,3
hospice care, and pain control.4
I request that my attending physician PROVIDER prescribe medical5
aid-in-dying medication that will end my life in a peaceful manner if I6
choose to take it, and I authorize my attending physician PROVIDER to7
contact any pharmacist about my request.8
I understand that I have the right to rescind this request at any time.9
I understand the seriousness of this request, and I expect to die if I take10
the aid-in-dying medication prescribed.11
I further understand that although most deaths occur within three hours,12
my death may take longer, and my attending physician PROVIDER has13
counseled me about this possibility. I make this request voluntarily,14
without reservation, and without being coerced, and I accept full15
responsibility for my actions.16
Signed: 17
Dated: 18
Declaration of witnesses19
We declare that the individual signing this request:20
Is personally known to us or has provided proof of identity;21
Signed this request in our presence;22
Appears to be of sound mind and not under duress, coercion, or undue23
influence; and24
I am not the attending physician PROVIDER for the individual.25
witness 1/date26
witness 2/date27
068
-12- Note: Of the two witnesses to the written request, at least one must not:1
Be a relative (by blood, marriage, civil union, or adoption) of the2
individual signing this request; be entitled to any portion of the3
individual's estate upon death; or own, operate, or be employed at a4
health-care facility where the individual is a patient or resident.5
And neither the individual's attending physician OR CONSULTING6
PROVIDER nor a person authorized as the individual's qualified power of7
attorney or durable medical power of attorney shall serve as a witness to8
the written request.9
SECTION 12. In Colorado Revised Statutes, 25-48-116, amend10
(3) introductory portion as follows:11
25-48-116. Immunity for actions in good faith - prohibition12
against reprisals. (3) A request by an individual for, or the provision by13
an attending physician PROVIDER of, medical aid-in-dying medication in14
good faith compliance with this article ARTICLE 48 does not:15
SECTION 13. In Colorado Revised Statutes, 25-48-117, amend16
(2); and add (3) as follows:17
25-48-117. No duty to prescribe or dispense. (2) If a18
health-care provider is unable or unwilling to carry out an individual's19
request for medical aid-in-dying medication made in accordance with this20
article, and the individual transfers his or her care to a new health-care21
provider, the prior health-care provider shall transfer, upon request, a22
copy of the individual's relevant medical records to the new health-care23
provider. ARTICLE 48, THE PROVIDER SHALL INFORM THE INDIVIDUAL OF24
THE PROVIDER'S INABILITY OR UNWILLINGNESS.25
(3) I
F THE INDIVIDUAL TRANSFERS THE INDIVIDUAL 'S CARE TO A26
NEW HEALTH-CARE PROVIDER, THE PRIOR HEALTH-CARE PROVIDER SHALL27
068
-13- TRANSFER, UPON REQUEST, A COPY OF THE INDIVIDUAL 'S RELEVANT1
MEDICAL RECORDS TO THE NEW HEALTH -CARE PROVIDER.2
SECTION 14. In Colorado Revised Statutes, 25-48-118, amend3
(1); and add (2.5) and (2.7) as follows:4
25-48-118. Health-care facility permissible prohibitions -5
notice to the public - sanctions if provider violates policy. (1) A6
health-care facility may prohibit a physician PROVIDER employed or under7
contract from writing a prescription for medical aid-in-dying medication8
for a qualified individual who intends to use the medical aid-in-dying9
medication on the facility's premises. The health-care facility must notify10
the physician PROVIDERS AND STAFF AT THE TIME OF HIRING ,11
CONTRACTING WITH , OR PRIVILEGING AND ON A YEARLY BASIS12
THEREAFTER in writing of its policy with regard to prescriptions for13
medical aid-in-dying medication. A health-care facility that fails to14
provide
EXPLICIT advance notice to the physician
PROVIDERS AND STAFF15
shall not be entitled to enforce such a policy. against the physician.16
(2.5) A
HEALTH-CARE FACILITY SHALL NOT PROHIBIT A PROVIDER 17
FROM PROVIDING INFORMATION TO AN INDIVIDUAL REGARDING THE
18
INDIVIDUAL'S HEALTH STATUS, INCLUDING DIAGNOSIS, PROGNOSIS,19
RECOMMENDED TREATMENT , AND TREATMENT ALTERNATIVES, INCLUDING20
THE RISKS AND BENEFITS OF THE RECOMMENDED TREATMENT AND EACH 21
TREATMENT ALTERNATIVE . 22
23
(2.7) A
HEALTH FACILITY THAT IS A COVERED ENTITY, AS DEFINED
24
IN SECTION 25-58-103 (1), SHALL COMPLY WITH SECTION 25-58-105 (3)25
AND RULES PROMULGATED PURSUANT TO SECTION 25-58-105 REGARDING26
THE FACILITY'S AVAILABILITY OF END-OF-LIFE HEALTH-CARE SERVICES.27
068
-14- SECTION 15. In Colorado Revised Statutes, amend 25-48-1201
as follows:2
25-48-120. Safe disposal of unused medical aid-in-dying3
medications. (1) A person who has custody or control of medical4
aid-in-dying medication dispensed under this article that the terminally ill5
individual decides not to use or that remains unused ARTICLE 48 after the6
A terminally ill individual's death shall dispose of the unused medical7
aid-in-dying medication either by:8
(1) (a) Returning the unused medical aid-in-dying medication to9
the attending physician PROVIDER who prescribed the medical10
aid-in-dying medication, who shall dispose of the unused medical11
aid-in-dying medication in the manner required by law; or12
(2) (b) Lawful means in accordance with section 25-15-328,13
C.R.S. or any other state or federally approved medication take-back14
program authorized under the federal "Secure and Responsible Drug15
Disposal Act of 2010", Pub.L. 111-273, and regulations adopted pursuant16
to the federal act.17
SECTION 16. In Colorado Revised Statutes, amend 25-48-12118
as follows:19
25-48-121. Actions complying with article not a crime. Nothing20
in this article ARTICLE 48 authorizes a physician PROVIDER or any other21
person to end an individual's life by lethal injection, mercy killing, or22
euthanasia. Actions taken in accordance with this article ARTICLE 48 do23
not, for any purpose, constitute suicide, assisted suicide, mercy killing,24
homicide, or elder abuse under the "Colorado Criminal Code", as set forth25
in title 18. C.R.S.26
SECTION 17. In Colorado Revised Statutes, amend 25-48-12227
068
-15- as follows:1
25-48-122. Claims by government entity for costs. A2
government entity that incurs costs resulting from an individual3
terminating his or her life pursuant to this article SELF-ADMINISTRATION4
OF MEDICATION PRESCRIBED UNDER THIS ARTICLE 48 in a public place has5
a claim against the estate of the individual to recover the costs and6
reasonable attorney fees related to enforcing the claim.7
SECTION 18. In Colorado Revised Statutes, add 25-48-124 as8
follows:9
25-48-124. Severability. I
F ANY PART OF THIS ARTICLE 48 IS10
FOUND TO BE IN CONFLICT WITH FEDERAL REQUIREMENTS THAT ARE A11
PRESCRIBED CONDITION FOR RECEIPT OF FEDERAL FUNDS , THE12
CONFLICTING PART OF THIS SECTION IS INOPERATIVE SOLELY TO THE13
EXTENT OF THE CONFLICT, AND THE CONFLICT DOES NOT AFFECT THE14
OPERATION OF THE REMAINDER OF THIS ARTICLE 48.15
SECTION 19. In Colorado Revised Statutes, 10-7-103, add (3)16
as follows:17
10-7-103. Life insurance policies - prohibition. (3) A
LIFE18
INSURANCE COMPANY DOING BUSINESS IN COLORADO SHALL NOT DENY OR19
ALTER BENEFITS OTHERWISE AVAILABLE TO AN INDIVIDUAL WITH A20
TERMINAL DISEASE BASED ON THE AVAILABILITY OF MEDICAL21
AID-IN-DYING PURSUANT TO ARTICLE 48 OF TITLE 25.22
SECTION 20. In Colorado Revised Statutes, add 10-16-167 as23
follows:24
10-16-167. Medical aid-in-dying - carrier prohibitions. (1) A25
CARRIER SHALL NOT:26
(a) D
ENY OR ALTER BENEFITS OTHERWISE AVAILABLE TO A27
068
-16- COVERED INDIVIDUAL WITH A TERMINAL DISEASE BASED ON THE1
AVAILABILITY OF MEDICAL AID-IN-DYING PURSUANT TO ARTICLE 48 OF2
TITLE 25.3
(b) A
TTEMPT TO COERCE AN INDIVIDUAL WITH A TERMINAL4
DISEASE TO MAKE A REQUEST FOR MEDICAL AID -IN-DYING MEDICATION.5
SECTION 21. Act subject to petition - effective date. This act6
takes effect at 12:01 a.m. on the day following the expiration of the7
ninety-day period after final adjournment of the general assembly; except8
that, if a referendum petition is filed pursuant to section 1 (3) of article V9
of the state constitution against this act or an item, section, or part of this10
act within such period, then the act, item, section, or part will not take11
effect unless approved by the people at the general election to be held in12
November 2024 and, in such case, will take effect on the date of the13
official declaration of the vote thereon by the governor.14
068
-17-