Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0128.01 Richard Sweetman x4333SENATE BILL 16-084 SENATE SPONSORSHIP Steadman, HOUSE SPONSORSHIP (None), Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning the "Colorado Uniform Recognition of Substitute Health Care Decision-making Documents Act". 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.) Colorado Commission on Uniform State Laws. The bill adopts, with amendments, the "Uniform Recognition of Substitute Health Care Decision-making Documents Act" as Colorado law. The bill establishes the circumstances under which a substitute health care decision-making document (document) is valid in this state. A person may assume in good faith that a document is genuine, valid, and still in effect and that the decision-maker's authority is genuine, valid, and still in effect. A person who is asked to accept a document shall do so within a reasonable amount of time. The person may not require an additional or different form of document for authority granted in the document presented. A person who refuses to accept a document is subject to: A court order mandating acceptance of the document; and Liability for reasonable attorney's fees and costs incurred in an action or proceeding that mandates acceptance of the document. A person is not required to accept a document under certain described conditions. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 23 to title 15 as follows: ARTICLE 23 Substitute Health Care Decision-making Documents 15-23-101. Short title. The short title of this article is the "Colorado Uniform Recognition of Substitute Health Care Decision-making Documents Act". 15-23-102. Definitions. As used in this article, unless the context requires otherwise: (1) "Decision-maker" means a person authorized to act for an individual under a substitute health care decision-making document, whether denominated a decision-maker, agent, attorney-in-fact, proxy, or representative, or by another title. The term includes an original decision-maker, a co-decision-maker, a successor decision-maker, and a person to whom a decision-maker's authority is delegated. (2) "Good faith" means honesty in fact. (3) "Health care" means a service or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition. (4) "Person" means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. (5) "Personal care" means an arrangement or service to provide an individual shelter, food, clothing, transportation, education, recreation, social contact, or assistance with the activities of daily living. (6) "Property" means anything that may be subject to ownership, whether real or personal or legal or equitable, or any interest or right therein. (7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (8) (a) "Substitute health care decision-making document" means a record created by an individual to authorize a decision-maker to act for the individual with respect to health care or personal care. (b) Notwithstanding paragraph (a) of this subsection (8), "substitute health care decision-making document" does not include a record created by an individual to authorize a decision-maker to act for the individual with respect to financial or property matters, including the expenditure of moneys of such individual. 15-23-103. Validity of substitute health care decision-making document. (1) A substitute health care decision-making document executed outside this state is valid in this state if, when the document was executed, the execution complied with: (a) The law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed; or (b) The law of this state. (2) Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original substitute health care decision-making document has the same effect as the original. 15-23-104. Meaning and effect of substitute health care decision-making document. The meaning and effect of a substitute health care decision-making document and the authority of the decision-maker are determined by the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed. 15-23-105. Reliance on substitute health care decision-making document. (1) Except as otherwise provided by law, a person who in good faith accepts a substitute health care decision-making document without actual knowledge that the document is void, invalid, or terminated, or that the authority of the purported decision-maker is void, invalid, or terminated, may assume without inquiry that the document is genuine, valid, and still in effect and that the decision-maker's authority is genuine, valid, and still in effect. (2) A person who is asked to accept a substitute health care decision-making document may request and without further investigation rely on: (a) The decision-maker's assertion of a fact concerning the individual for whom a decision will be made, the decision-maker, or the document; (b) A translation of the document if the document contains, in whole or in part, language other than English; and (c) An opinion of counsel regarding any matter of law concerning the document if the person provides in a record the reason for the request. 15-23-106. Obligation to accept substitute health care decision-making document. (1) Except as otherwise provided in subsection (2) of this section or by another law of this state, a person who is asked to accept a substitute health care decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of section 15-23-103. The person may not require an additional or different form of document for authority granted in the document presented. (2) A person who is asked to accept a substitute health care decision-making document is not required to accept the document if: (a) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document; (b) The person has actual knowledge of the termination of the decision-maker's authority or the document; (c) The person's request under section 15-23-105 (2) for the decision-maker's assertion of fact, a translation, or an opinion of counsel is refused; (d) The person in good faith believes that the document is not valid or the decision-maker does not have the authority to request a particular action; or (e) The person makes, or has actual knowledge that another person has made, a report to a law enforcement agency or to a county department of social services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation, or abandonment by the decision-maker or a person acting for or with the decision-maker. (3) A person who, in violation of this section, refuses to accept a substitute health care decision-making document is subject to: (a) A court order mandating acceptance of the document; and (b) Liability for reasonable attorney's fees and costs incurred in an action or proceeding that mandates acceptance of the document. 15-23-107. Remedies under other law. The remedies under this article are not exclusive and do not abrogate any other right or remedy available under the law of this state. 15-23-108. Uniformity of application and construction. In applying and construing this uniform act, courts shall give consideration to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. 15-23-109. Relation to the federal "Electronic Signatures in Global and National Commerce Act". This article modifies, limits, or supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C. sec. 7003 (b). 15-23-110. Applicability. This article applies to a substitute health care decision-making document created before, on, or after the effective date of this article. SECTION 2. Inclusion of official comments. The revisor of statutes shall include in the publication of the "Colorado Uniform Recognition of Substitute Health Care Decision-making Documents Act", as nonstatutory matter, following each section of the act, the full text of the official comments to that section contained in the official volume containing the 2014 official text of the "Uniform Recognition of Substitute Decision-making Documents Act" issued by the Uniform Law Commission, with any changes in the official comments or Colorado comments to correspond to Colorado changes in the uniform act. The revisor shall prepare the comments for approval by the committee on legal services. 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 10, 2016, if adjournment sine die is on May 11, 2016); 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.