NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 10-1024
      
      
      BY REPRESENTATIVE(S) Balmer and Riesberg, Gerou, Stephens, Todd,
      Apuan, Court, Fischer, Labuda, Roberts, Schafer S., Vigil;
      also SENATOR(S) Williams, Newell, Boyd.
      
      
      Concerning eliminating the ability of advanced practice nurses to
           declare patients terminally ill.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  15-18-104 (3), Colorado Revised Statutes, is amended
      to read:
      
           15-18-104.  Declaration as to medical treatment.  (3)  A
      declaration executed before two witnesses by any competent adult shall be
      legally effective for the purposes of this article and may, but need not, be
      in the following form:
      
                   DECLARATION AS TO MEDICAL OR
                        SURGICAL TREATMENT
      
           I, (name of declarant), being of sound mind and at least eighteen
      years of age, direct that my life shall not be artificially prolonged under the
      circumstances set forth below and hereby declare that:
      
           1.  If at any time my attending physician or advanced practice nurse
      and one other qualified physician or advanced practice nurse certify in
      writing that:
      
           a.  I have an injury, disease, or illness which is not curable or
      reversible and which, in their judgment, is a terminal condition, and
      
           b.  For a period of seven consecutive days or more, I have been
      unconscious, comatose, or otherwise incompetent so as to be unable to
      make or communicate responsible decisions concerning my person, then
      
           I direct that, in accordance with Colorado law, life-sustaining
      procedures shall be withdrawn and withheld pursuant to the terms of this
      declaration, it being understood that life-sustaining procedures shall not
      include any medical procedure or intervention for nourishment considered
      necessary by the attending physician or advanced practice nurse to provide
      comfort or alleviate pain.  However, I may specifically direct, in accordance
      with Colorado law, that artificial nourishment be withdrawn or withheld
      pursuant to the terms of this declaration.
      
           2.  In the event that the only procedure I am being provided is
      artificial nourishment, I direct that one of the following actions be taken:
      
           (initials of declarant)  a.  Artificial nourishment shall not be
      continued when it is the only procedure being provided; or
      
           (initials of declarant)  b.  Artificial nourishment shall be continued
      for ______ days when it is the only procedure being provided; or
      
           (initials of declarant)  c.  Artificial nourishment shall be continued
      when it is the only procedure being provided.
      
           3.  I execute this declaration, as my free and voluntary act, this
      ______ day of _____________, 20___.
      
                                      By______________________
                                                     Declarant
      
           The foregoing instrument was signed and declared by
      __________________ to be his or her declaration, in the presence of us,
      who, in his or her presence, in the presence of each other, and at his or
      her request, have signed our names below as witnesses, and we declare
      that, at the time of the execution of this instrument, the declarant, according
      to our best knowledge and belief, was of sound mind and under no
      constraint or undue influence.
      
           Dated at __________, Colorado, this ______ day of __________,
      20___.
      
      ______________________________
           Name and Address
      
      ______________________________
           Name and Address
      
      STATE OF COLORADO        )
                               )  ss.
      County of ___________________)
      
           SUBSCRIBED and sworn to before me by __________, the
      declarant, and __________ and __________, witnesses, as the voluntary act
      and deed of the declarant this __________ day of __________, 20___.
      
      My commission expires:
      
                                     _________________________
                                                     Notary Public
      
           SECTION 2.  Act subject to petition - effective date.  (1)  Except
      as provided in subsection (2) of this section, this act shall take effect at
      12:01 a.m. on the day following the expiration of the ninety-day period after
      final adjournment of the general assembly (August 11, 2010, if adjournment
      sine die is on May 12, 2010); except that, if a referendum petition is filed
      pursuant to section 1 (3) of article V of the state constitution against this act
      or an item, section, or part of this act within such period, then the act, item,
      section, or part shall not take effect unless approved by the people at the
      general election to be held in November 2010 and shall take effect on the
      date of the official declaration of the vote thereon by the governor.
      
           (2)  This act shall not take effect if House Bill 10-1025 is enacted
      and becomes law.
      
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO