(1) Any physician licensed to practice in this state, upon consultation by a minor as a patient who indicates that he or she was the victim of a sexual offense pursuant to part 4 of article 3 of title 18, C.R.S., with the consent of such minor patient, may perform customary and necessary examinations to obtain evidence of the sexual offense and may prescribe for and treat the patient for any immediate condition caused by the sexual offense.
(2) (a) Prior to examining or treating a minor pursuant to subsection (1) of this section, a physician shall make a reasonable effort to notify the parent, parents, legal guardian, or any other person having custody or decision-making responsibility with respect to the medical care of such minor of the sexual offense.
So long as the minor has consented, the physician may examine and treat the minoras provided for in subsection (1) of this section whether or not the physician has been able to make the notification provided for in paragraph (a) of this subsection (2) and whether or not those notified have given consent, but, if the person having custody or decision-making responsibility with respect to the minor's medical care objects to treatment, then the physician shall proceed under the provisions of part 3 of article 3 of title 19, C.R.S.
Nothing in this section shall be deemed to relieve any person from the requirementsof the provisions of part 3 of article 3 of title 19, C.R.S., concerning child abuse.
If a minor is unable to give the consent required by this section by reason of age ormental or physical condition and it appears that the minor has been the victim of a sexual assault, the physician shall not examine or treat the minor as provided in subsection (1) of this section but shall proceed under the provisions of part 3 of article 3 of title 19, C.R.S.
A physician shall incur no civil or criminal liability by reason of having examined ortreated a minor pursuant to subsection (1) of this section, but this immunity shall not apply to any negligent acts or omissions by the physician.
Source: L. 79: Entire section added, p. 618, § 1, effective May 4. L. 87: (2)(b), (2)(c), and (3) amended, p. 814, § 12, effective October 10. L. 98: (2)(a) and (2)(b) amended, p. 1394, § 29, effective February 1, 1999. L. 2003: (1) and (2)(a) amended, p. 1432, § 23, effective April 29.
Cross references: For the exemption from civil liability of physicians and surgeons rendering emergency assistance, see § 13-21-108; for the exemption from civil liability for persons administering tests to persons suspected of driving under the influence of alcohol or drugs, see § 42-4-1301.1 (6)(b).