Colorado § 25-48-106 - Attending provider responsibilities.

§ 25-48-106. Attending provider responsibilities.

(1) The attending provider shall:

(a) Make the initial determination of whether an individual requesting medical aid-in- dying medication has a terminal illness, has a prognosis of six months or less, is mentally capable, is making an informed decision, and has made the request voluntarily;

(b) Request that the individual demonstrate Colorado residency by providing documentation as described in section 25-48-102 (14);

(c) Provide care that conforms to established medical standards and accepted medical guidelines;

(d) Refer the individual to a consulting provider for medical confirmation of the diagnosis and prognosis and for a determination of whether the individual is mentally capable, making an informed decision, and acting voluntarily;

(e) Provide full, individual-centered disclosures to ensure that the individual is making an informed decision by discussing with the individual:

(I) His or her medical diagnosis and prognosis of six months or less;

(II) The feasible alternatives or additional treatment opportunities, including comfort care, palliative care, hospice care, and pain control;

(III) The potential risks associated with taking the medical aid-in-dying medication to be prescribed;

(IV) The probable result of taking the medical aid-in-dying medication to be prescribed; and

(V) The possibility that the individual can obtain the medical aid-in-dying medication but choose not to use it;

(f) Refer the individual to a licensed mental health professional pursuant to section 25-48-108 if the attending provider observes signs that the individual may not be capable of making an informed decision;

(g) Confirm that the individual's request does not arise from coercion or undue influence by another person by discussing with the individual, outside the presence of other persons, whether the individual is feeling coerced or unduly influenced by another person;

(h) Educate the individual about the importance of:

(I) Having another person present when the individual self-administers the medical aid-in-dying medication prescribed pursuant to this article;

(II) Not taking the medical aid-in-dying medication in a public place;

(III) Safe-keeping and proper disposal of unused medical aid-in-dying medication in accordance with section 25-48-120; and

(IV) Notifying the individual's next of kin or any person who plays a significant role in the individual's life, which may include a person not legally related to the individual, of the request for medical aid-in-dying medication;

(i) Inform the individual that the individual may rescind the request for medical aid-in-dying medication at any time pursuant to this article 48;

(j) Verify, immediately prior to writing the prescription for medical aid-in-dying medication, that the individual is making an informed decision;

(k) Ensure that all appropriate steps are carried out in accordance with this article before writing a prescription for medical aid-in-dying medication; and

(l) Either:

(I) Dispense medical aid-in-dying medications directly to the qualified individual, including ancillary medications intended to minimize the individual's discomfort, if the attending provider has a current drug enforcement administration certificate and complies with any applicable administrative rule; or

(II) Deliver the written prescription personally, by mail, or through authorized electronic transmission in the manner permitted under article 280 of title 12, to a licensed pharmacist, who shall dispense the medical aid-in-dying medication to the qualified individual, the attending provider, or an individual expressly designated by the qualified individual.

Source: Initiated 2016: Entire article added, Proposition 106, L. 2017, p. 2806, § 1, effective upon proclamation of the Governor, December 16, 2016. L. 2019: (1)(l)(II) amended, (HB 19-1172), ch. 136, p. 1706, § 175, effective October 1. L. 2024: IP(1), (1)(d), (1)(f), IP(1)(h), (1)(h)(IV), (1)(i), and (1)(l) amended, (SB 24-068), ch. 406, p. 2793, § 5, effective August 7.