Colorado § 15-18.7-102 - Definitions.

§ 15-18.7-102. Definitions.

As used in this part 1, unless the context otherwise requires:

(1) "Adult" means a person eighteen years of age or older.

(2) "Advance medical directive" means a written instruction concerning medical treatment decisions to be made on behalf of the adult who provided the instruction in the event that he or she becomes incapacitated. An advance medical directive includes, but need not be limited to:

(a) A medical durable power of attorney executed pursuant to section 15-14-506;

(b) A declaration executed pursuant to the "Colorado Medical Treatment Decision Act", article 18 of this title;

(c) A power of attorney granting medical treatment authority executed prior to July 1, 1992, pursuant to section 15-14-501, as it existed prior to that date; or

(d) A CPR directive or declaration executed pursuant to article 18.6 of this title.

(3) "Artificial nutrition or hydration" means:

(a) Nutrition or hydration supplied through a tube inserted into the stomach or intestines; or

(b) Nutrients or fluids injected intravenously into the bloodstream.

(4) "Authorized surrogate decision-maker" means a guardian appointed pursuant to article 14 of this title, an agent appointed pursuant to a medical durable power of attorney, a proxy decision-maker for medical treatment decisions appointed pursuant to article 18.5 of this title, or a similarly authorized surrogate, as defined by the laws of another state, who is authorized to make medical decisions for an individual who lacks decisional capacity.

(5) "Cardiopulmonary resuscitation" or "CPR" shall have the same meaning as set forth in section 15-18.6-101 (1).

(6) "CPR directive" shall have the same meaning as set forth in section 15-18.6-101 (2).

(7) "Decisional capacity" means the ability to provide informed consent to or refusal of medical treatment or the ability to make an informed health-care benefit decision.

(8) "Emergency medical service personnel" means an emergency medical service provider who is certified or licensed by the department of public health and environment, created and existing under section 25-1-102, or an emergency medical responder registered by the department of public health and environment in accordance with section 25-3.5-1103.

(9) "Health-care facility" means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health-care agency, or another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment.

(10) "Health-care provider" means:

(a) A physician or other individual who provides medical treatment to an adult and who is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment or who is employed by or acting for such an authorized person; or

(b) A health maintenance organization licensed and conducting business in this state.

(11) "Medical treatment" means the provision, withholding, or withdrawal of any:

(a) Health care;

(b) Medical procedure, including but not limited to surgery, CPR, and artificial nutrition or hydration; or

(c) Service to maintain, diagnose, treat, or provide for a patient's physical or mental health care.

Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1276, § 1, effective August 11. L. 2012: (8) amended, (HB 12-1059), ch. 271, p. 1433, § 10, effective July 1; (8) amended, (HB 12-1283), ch. 240, p. 1131, § 38, effective July 1. L. 2019: IP and (8) amended, (SB 19-242), ch. 396, p. 3526, § 9, effective May 31; IP amended, (HB 19-1044), ch. 60, p. 211, § 3, effective August 2.

Editor's note: (1) Amendments to subsection (8) by House Bill 12-1059 and House Bill 12-1283 were harmonized.

(2) The introductory portion to this section was amended in SB 19-242. Those amendments were superseded by the amendment of the introductory portion in HB 19-1044.

Cross references: For the legislative declaration in the 2012 act amending subsection (8), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1044, see section 1 of chapter 60, Session Laws of Colorado 2019.