First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-0259.01 Josh Schultz x5486 HOUSE BILL 25-1082 House Committees Senate Committees State, Civic, Military, & Veterans Affairs Appropriations A BILL FOR AN ACT C ONCERNING AUTHORIZING CERT AIN INDIVIDUALS TO COMPLETE101 ACTIONS RELATED TO DEATH CERTIFICATES, AND, IN102 CONNECTION THEREWITH , MAKING AN APPROPRIATION .103 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 .) In current law, a "qualified individual" is authorized to determine the cause of death of an individual and complete the medical certification for a certificate of death. The bill defines the term "qualified individual" to include a physician, a physician assistant, an advanced practice registered nurse, or the chief medical officer of the institution in which HOUSE 3rd Reading Unamended March 31, 2025 HOUSE Amended 2nd Reading March 27, 2025 HOUSE SPONSORSHIP Weinberg and Brown, Caldwell, Clifford, Keltie, Soper, Titone, Valdez SENATE SPONSORSHIP Pelton R. and Michaelson Jenet, Bridges 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. the death occurred. The bill requires that qualified individuals register to use the electronic death registration system used by the department of public health and environment and the state registrar prior to signing a death certificate. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 25-2-110, amend2 (1)(b)(I), (1)(b)(III), (3)(a), (3)(a.5)(I) introductory portion, (3)(a.5)(I)(B),3 (3)(a.5)(I)(C), (3)(a.5)(II), (4), (4.5), and (6); and add (1)(e) and (12) as4 follows:5 25-2-110. Certificates of death - definitions. (1) (b) (I) The6 department of public health and environment shall create and the state7 registrar shall use an electronic death registration system for the purpose8 of collecting death information from funeral directors, coroners,9 physicians, PHYSICIAN ASSISTANTS, ADVANCED PRACTICE REGISTERED10 NURSES, local registrars, health facilities, and other authorized11 individuals, as determined by the department. Death information12 submitted electronically by a funeral director, coroner, physician,13 PHYSICIAN ASSISTANT, ADVANCED PRACTICE REGISTERED NURSE, local14 registrar, health facility, or authorized individual, as determined by the15 department, to the electronic death registration system for purposes of16 fulfilling the requirements of this section satisfies the signature and filing17 requirements of this section and section 30-10-606. C.R.S.18 (III) Except as otherwise provided in subsection (4.5) of this19 section, any individual, other than a family member of the decedent or20 other individual acting ASSISTING in a nonprofessional capacity as the21 funeral director for the decedent, who is required to initiate, complete,22 respond to, or file a certificate of death pursuant to this section must use23 1082-2- the electronic death registration system used by the state registrar.1 (e) A PHYSICIAN ASSISTANT OR ADVANCED PRACTICE REGISTERED2 NURSE SHALL REVIEW THE TRAINING MATERIALS REGARDING SIGNING A3 DEATH CERTIFICATE PROVIDED BY THE DEPARTMENT OF PUBLIC HEALTH4 AND ENVIRONMENT BEFORE THE FIRST TIME THEY SIGN A DEATH5 CERTIFICATE.6 (3) (a) The funeral director or person acting as such INDIVIDUAL7 ASSISTING IN A NONPROFESSIONAL CAPACITY who first assumes custody8 of a dead body, stillborn fetus, or dead fetus is responsible for the filing9 of the certificate of death required by subsection (1) of this section within10 seventy-two hours after receipt of the electronic death registration request11 unless the physician, their associate physician, THE PHYSICIAN ASSISTANT,12 THE ADVANCED PRACTICE REGISTERED NURSE, the chief medical officer13 of the institution in which the death occurred, or the physician who14 performs an autopsy upon the decedent is unable to complete the medical15 certification for the certificate of death within the required time frame.16 The funeral director shall obtain the personal data required by the17 certificate from the next of kin or the best qualified person or source18 available. The funeral director shall obtain the medical certification19 necessary to complete the portion of the certificate pertaining to the cause20 of death from the best qualified person or source available, pursuant to21 subsection (4) of this section.22 (a.5) (I) Except as otherwise provided in subsection (3)(a.5)(II) of23 this section, if a decedent had an established primary care physician,24 PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE REGISTERED NURSE , the25 primary care physician, PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE26 REGISTERED NURSE is responsible for completing the medical certification27 1082 -3- for the certificate of death in accordance with subsections (1)(a) and (4)1 of this section if:2 (B) The decedent received medical care from the primary care3 physician, PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE REGISTERED4 NURSE within a year of the death;5 (C) The death occurred when the decedent was not under the6 direct care of another physician, PHYSICIAN ASSISTANT, OR ADVANCED7 PRACTICE REGISTERED NURSE charged with the patient's care during the8 illness or condition that resulted in death; and9 (II) If, within a year of the death, the decedent had been treated by10 a physician, PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE REGISTERED11 NURSE other than the decedent's established primary care physician,12 PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE REGISTERED NURSE for a13 chronic condition or terminal illness related to the decedent's death and14 the conditions set forth in subsections (3)(a.5)(I)(A) and (3)(a.5)(I)(D) of15 this section are met, that physician, PHYSICIAN ASSISTANT, OR ADVANCED16 PRACTICE REGISTERED NURSE is responsible for completing the medical17 certification for the certificate of death in accordance with subsection (4)18 of this section.19 (4) Except when inquiry is required by any provision of section20 30-10-606 other than section 30-10-606 (1)(b), the physician, PHYSICIAN21 ASSISTANT, OR ADVANCED PRACTICE REGISTERED NURSE in charge of the22 patient's care for the illness or condition that resulted in death shall23 complete the medical certification for the certificate of death within24 seventy-two hours after receipt of the electronic death registration request25 or, before March 1, 2024, only, for a physician, PHYSICIAN ASSISTANT, OR26 ADVANCED PRACTICE REGISTERED NURSE who is not yet registered to use27 1082 -4- and using the electronic death registration system used by the department1 of public health and environment and the state registrar pursuant to2 subsection (1)(b)(I) of this section, within seventy-two hours after3 receiving notice that a medical certification for a certificate of death must4 be completed. In the absence of said THE physician, PHYSICIAN5 ASSISTANT, OR ADVANCED PRACTICE REGISTERED NURSE or with the6 physician's, PHYSICIAN ASSISTANT'S, OR ADVANCED PRACTICE REGISTERED7 NURSE'S approval, the certificate may be completed and signed by an8 associate physician, PHYSICIAN ASSISTANT, ADVANCED PRACTICE9 REGISTERED NURSE, by the chief medical officer of the institution in10 which the death occurred, or by the physician who performed an autopsy11 upon the decedent, if such individual has access to the medical history of12 the case, if said individual views the decedent at or after the time of13 death, and if the death is due to natural causes. If the death is or may be14 due to unnatural causes, a physician, PHYSICIAN ASSISTANT, OR15 ADVANCED PRACTICE REGISTERED NURSE required to complete a medical16 certification for a certificate of death in accordance with this subsection17 (4) shall notify the coroner or the medical examiner when an inquiry or18 an autopsy is required to be performed pursuant to sections 30-10-606 and19 30-10-606.5. On and after March 1, 2024, a physician's, PHYSICIAN20 ASSISTANT'S, OR ADVANCED PRACTICE REGISTERED NURSE'S repeated or21 willful failure without reasonable cause to comply with timely completion22 of a medical certification for a certificate of death in accordance with23 subsection (1)(a) of this section and this subsection (4) constitutes24 unprofessional conduct, as defined in section 12-240-121 (1)(hh). If an25 autopsy is performed, the certification shall indicate whether the decedent26 was pregnant at the time of death, and said THE information shall be27 1082 -5- reported on the death certificate as required by subsection (9) of this1 section. Except as otherwise provided in subsection (4.5) of this section,2 the physician, PHYSICIAN ASSISTANT, OR ADVANCED PRACTICE3 REGISTERED NURSE or, in their absence, their designee in accordance with4 this subsection (4), shall complete the medical certification for a5 certificate of death required by this subsection (4) using the electronic6 death registration system used by the department of public health and7 environment and the state registrar pursuant to subsection (1)(b)(I) of this8 section.9 (4.5) (a) The department of public health and environment shall10 ensure that all physicians are registered to use the electronic death11 registration system created and used pursuant to subsection (1)(b)(I) of12 this section on or before March 1, 2024. A physician shall use the system13 for all medical certifications for certificates of death required by14 subsection (4) of this section immediately upon being registered but is not15 required to do so before being registered.16 (b) A QUALIFIED INDIVIDUAL SHALL REGISTER TO USE THE17 ELECTRONIC DEATH REGISTRATION SYSTEM PRIOR TO SIGNING A MEDICAL18 CERTIFICATE OF DEATH.19 (6) If the cause of death cannot be determined within forty-eight20 hours after a death, the medical certification shall be completed as21 provided by rule. If an autopsy is performed, the certification shall22 indicate whether the decedent was pregnant at the time of death, and said23 THE information shall be reported on the death certificate as required by24 subsection (9) of this section. The attending physician, PHYSICIAN25 ASSISTANT, ADVANCED PRACTICE REGISTERED NURSE, or coroner shall26 give the funeral director or person acting as such INDIVIDUAL ASSISTING27 1082 -6- IN A NONPROFESSIONAL CAPACITY notice of the reason for the delay, and1 final disposition of the body shall not be made until authorized by the2 office designated or established pursuant to section 25-2-103 in the3 county where the death occurred or, if such an office does not exist in the4 county where the death occurred, final disposition of the body shall not5 be made until authorized by the coroner or the coroner's designee.6 (12) A S USED IN THIS SECTION, "QUALIFIED INDIVIDUAL" MEANS A7 PHYSICIAN; A PHYSICIAN ASSISTANT LICENSED PURSUANT TO ARTICLE 2408 OF TITLE 12; AN ADVANCED PRACTICE REGISTERED NURSE , AS DEFINED IN9 SECTION 12-255-104 (1); OR THE CHIEF MEDICAL OFFICER OF THE10 INSTITUTION IN WHICH THE DEATH OCCURRED .11 SECTION 2. In Colorado Revised Statutes, 25-2-111, amend (1)12 as follows:13 25-2-111. Dead bodies - disposition - removal from state -14 records. (1) Any person requested to act as funeral director for a dead15 body or otherwise whoever A FUNERAL DIRECTOR OR INDIVIDUAL16 ASSISTING IN A NONPROFESSIONAL CAPACITY WHO first assumes custody17 of a dead body shall, prior to final disposition of the body, obtain18 authorization for final disposition of the body. The office designated or19 established pursuant to section 25-2-103 in the county where the death20 occurred or, if such an office does not exist in the county where the death21 occurred, the coroner or the coroner's designee shall authorize final22 disposition of the body on a form prescribed and furnished by the state23 registrar. No body shall be buried, cremated, deposited in a vault or tomb,24 or otherwise disposed of, nor shall any body be removed from this state,25 until such authorization has been obtained, completed, and approved. The26 coroner or the coroner's designee shall include in the authorization notice27 1082 -7- of the requirements of subsection (7) of this section.1 SECTION 3. Appropriation. For the 2025-26 state fiscal year,2 $25,000 is appropriated to the department of public health and3 environment for use by the center for health and environmental data. This4 appropriation is from the vital statistics records cash fund created in5 section 25-2-121 (2)(b)(I), C.R.S. To implement this act, the center may6 use this appropriation for operating expenses related to health statistics7 and vital records.8 SECTION 4. Act subject to petition - effective date. This act9 takes effect at 12:01 a.m. on the day following the expiration of the10 ninety-day period after final adjournment of the general assembly; except11 that, if a referendum petition is filed pursuant to section 1 (3) of article V12 of the state constitution against this act or an item, section, or part of this13 act within such period, then the act, item, section, or part will not take14 effect unless approved by the people at the general election to be held in15 November 2026 and, in such case, will take effect on the date of the16 official declaration of the vote thereon by the governor.17 1082 -8-