Penalties - refusal - transfer.

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(1) A person who willfully conceals, defaces, damages, or destroys a declaration of another person, without the knowledge and consent of the declarant, commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3501, C.R.S.

  1. A person who falsifies or forges a declaration of another person commits a class 5 felonyand shall be punished as provided in section 18-1.3-401, C.R.S.

  2. If a person falsifies or forges a declaration of another person and the terms of the declarationare carried out, resulting in the death of the purported declarant, the person commits a class 2 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

  3. A person who willfully withholds information concerning the revocation of a declaration ofanother person commits a class 1 misdemeanor and shall be punished as provided in section 181.3-501, C.R.S.

  4. An attending physician or advanced practice nurse who refuses to comply with the terms ofa declaration valid on its face shall transfer the care of the declarant to another physician or advanced practice nurse who is willing to comply with the declaration. Refusal of an attending physician or advanced practice nurse to comply with a declaration and failure to transfer the care of the declarant to another physician or advanced practice nurse shall constitute unprofessional conduct as defined in section 12-240-121 or grounds for discipline pursuant to section 12-255120.

Source: L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 382, § 1, effective August 11;

(5) amended, (HB 10-1422), ch. 419, p. 2126, § 189, effective August 11. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1670, § 82, effective October 1.


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