First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0766.01 Richard Sweetman x4333SENATE BILL 15-125 SENATE SPONSORSHIP Steadman, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning a statewide registry of advance directives. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) On and after January 1, 2016, the department of public health and environment (department) shall maintain a statewide registry of advance directives (registry), including an internet web site."Advance directive" means: A declaration as to medical treatment; A medical durable power of attorney; A directive relating to cardiopulmonary resuscitation; A medical orders for scope of treatment form; A designated beneficiary agreement; or Any legal form of these types that has been properly executed in another state in accordance with the laws of that state. On or before November 1, 2015, the department shall promulgate rules to administer the registry. Each county clerk and recorder shall enter each recorded designated beneficiary agreement into the registry not later than 14 days after the designated beneficiary agreement is recorded. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 47 to title 25 as follows: ARTICLE 47 Statewide Registry Of Advance Directives 25-47-101. Definitions. As used in this article, unless the context requires otherwise: (1) "Advance directive" means: (a) A declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S.; (b) A medical durable power of attorney executed pursuant to section 15-14-506, C.R.S.; (c) A directive relating to cardiopulmonary resuscitation executed pursuant to article 18.6 of title 15, C.R.S.; (d) A medical orders for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S.; (e) A designated beneficiary agreement executed pursuant to article 22 of title 15, C.R.S.; or (f) A legal form of the type described in paragraph (a), (b), (c), (d), or (e) of this subsection (1) that has been properly executed in another state in accordance with the laws of that state. (2) "Department" means the department of public health and environment created and existing pursuant to section 24-1-119, C.R.S. (3) "Registry" means the statewide registry of advance directives established pursuant to section 25-47-102. 25-47-102. Statewide registry of advance directives established - rules. (1) On and after January 1, 2016, the department shall maintain a statewide registry of advance directives, referred to in this article as the "registry", including an internet web site. To the extent practicable, the department shall ensure that the internet web site of the registry remains available to the public at all times. (2) On or before November 1, 2015, the department shall promulgate rules in accordance with article 4 of title 24, C.R.S., to administer the provisions of this article, including but not limited to rules establishing: (a) Procedures by which a person may add an advance directive to the registry; (b) Procedures by which certain qualified persons may access and download advance directives from the registry; (c) Procedures and safeguards for ensuring the confidentiality and secure storage of the information contained in advance directives that are added to and maintained in the registry; (d) Procedures for the administration of the registry and the internet web site of the registry by employees of the department; (e) Procedures for facilitating the the entry of designated beneficiary agreements into the registry by county clerks pursuant to section 15-22-107 (3) (d), C.R.S.; and (f) A procedure whereby each person who enters an advance directive into the registry is given the opportunity to execute a written statement in which the person designates individuals with whom the person's attending physician, any other treating physician, or another medical professional may speak concerning the person's medical condition prior to a final determination as to the withholding or withdrawal of life-sustaining procedures, including artificial nutrition and hydration. The designation of such individuals in the document is a waiver of confidentiality consistent with the privacy requirements of the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. sec. 1320d to 1320d-8, as amended. SECTION 2. In Colorado Revised Statutes, 15-22-107, amend (3) (c); and add (3) (d) as follows: 15-22-107. Recording - duties of the county clerk and recorder - fee. (3) The clerk and recorder of the county shall have the following duties: (c) To issue replacement certified copies of a designated beneficiary agreement or a revocation of a designated beneficiary agreement upon payment of a replacement fee; and (d) To enter each recorded designated beneficiary agreement into the statewide registry of advance directives created in section 25-47-102, C.R.S., not later than fourteen days after the designated beneficiary agreement is recorded. SECTION 3. Act subject to petition - effective date. This act takes 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.