Effect of article on existing advance medical directives.

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(1) In executing a medical orders for scope of treatment form, an adult, or the adult's authorized surrogate decisionmaker, and the physician, advanced practice nurse, or physician assistant who signs the form shall make a good-faith effort to locate and incorporate, as appropriate and desired, treatment preferences documented in the adult's previously executed advance medical directives, if any.

  1. Except as otherwise provided in paragraph (a) of subsection (3) of this section, in case of aconflict between a medical orders for scope of treatment form and an adult's advance medical directives, the document most recently executed shall take precedence for the medical decision or treatment preference at issue. Medical decisions and treatment preferences documented in an adult's advance medical directives or asserted by an authorized surrogate decision-maker on the adult's behalf, but not specifically addressed in a more recently executed medical orders for scope of treatment form, shall not be affected by the medical orders for scope of treatment form.

  2. Notwithstanding the provisions of subsection (1) of this section:

  1. An authorized surrogate decision-maker or a physician, advanced practice nurse, or physician assistant may not revoke or alter an adult's previously executed advance medical directive regarding provision of artificial nutrition or hydration if the directive is documented in a declaration executed by the adult pursuant to the "Colorado Medical Treatment Decision Act", article 18 of this title.

  2. An authorized surrogate decision-maker may not revoke a preexisting CPR directive unlessit was originally executed by an authorized surrogate decision-maker.

  3. An authorized surrogate decision-maker who is a proxy decision-maker pursuant to article18.5 of this title may authorize the withdrawal of artificial nutrition or hydration only in accordance with section 15-18.5-103 (6).

Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1282, § 1, effective August 11. L. 2016: (1) and (3)(a) amended, (SB 16-158), ch. 204, p. 726, § 14, effective August 10.

Cross references: For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016.


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