Colorado § 25-48-104 - Request process - witness requirements.

§ 25-48-104. Request process - witness requirements.

(1) (a) Except as provided in subsection (1)(b) of this section, in order to receive a prescription for medical aid-in-dying medication pursuant to this article 48, an individual who satisfies the requirements in section 25-48-103 must make two oral requests, separated by at least seven days, and a valid written request to the individual's attending provider.

(b) If an individual's attending provider has determined that the individual will, within reasonable medical judgment, die within forty-eight hours after making the initial oral request under this section, the individual may satisfy the requirements of this section by reiterating the oral request to the attending provider at any time after making the initial oral request.

(2) (a) To be valid, a written request for medical aid-in-dying medication must be:

(I) Substantially in the same form as set forth in section 25-48-112;

(II) Signed and dated by the individual seeking the medical aid-in-dying medication; and

(III) Witnessed by at least two individuals who, in the presence of the individual, attest to the best of their knowledge and belief that the individual is:

(A) Mentally capable;

(B) Acting voluntarily; and

(C) Not being coerced to sign the request.

(b) Of the two witnesses to the written request, at least one must not be:

(I) Related to the individual by blood, marriage, civil union, or adoption;

(II) An individual who, at the time the request is signed, is entitled, under a will or by operation of law, to any portion of the individual's estate upon his or her death; or

(III) An owner, operator, or employee of a health-care facility where the individual is receiving medical treatment or is a resident.

(c) The individual's attending or consulting provider or a person authorized as the individual's qualified power of attorney or durable medical power of attorney shall not serve as a witness to the written request.

Source: Initiated 2016: Entire article added, Proposition 106, L. 2017, p. 2805, § 1, effective upon proclamation of the Governor, December 16, 2016. L. 2024: (1) and (2)(c) amended, (SB 24-068), ch. 406, p. 2792, § 3, effective August 7.