Legislative declaration.

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(1) The general assembly hereby finds, determines, and declares that:

  1. Colorado law has traditionally recognized the right of an adult to accept or reject medical orsurgical treatment;

  2. Recent advances in medical science have made it possible to prolong the dying processthrough the use of medical or surgical procedures;

  3. The use of such medical or surgical procedures increasingly involves patients who have aterminal condition or are in a persistent vegetative state, and lack decisional capacity to accept or reject medical or surgical treatment;

  4. The traditional right to accept or reject medical or surgical treatment should be available toan adult while he or she has decisional capacity, notwithstanding the fact that such medical or surgical treatment may be offered or applied when he or she has a terminal condition or is in a persistent vegetative state, and lacks decisional capacity to accept or reject medical or surgical treatment;

  5. This article affirms the traditional right to accept or reject medical or surgical treatment, andcreates a procedure by which an adult with decisional capacity may make such decisions in advance of medical need;

  6. It is the intent of the general assembly that nothing in this article shall have the effect ofmodifying or changing currently practiced medical ethics or protocol with respect to any patient in the absence of a declaration as provided for in section 15-18-104;

  7. It is the intent of the general assembly that nothing in this article shall require any adult toexecute a declaration.

Source: L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 375, § 1, effective August 11.


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