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Second Regular Session
Sixty-first General Assembly
LLS NO. 980060.01 BWM
HOUSE BILL 981286
STATE OF COLORADO
BY REPRESENTATIVE Morrison
STATE, VETERANS & MILITARY
A BILL FOR AN ACT
CONCERNING THE IMPROPER USE OF THE INTACT DILATION
AND EXTRACTION PROCEDURE TO TERMINATE A PREGNANCY IN A WOMAN AS
CONSTITUTING UNPROFESSIONAL CONDUCT UNDER THE "COLORADO MEDICAL
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Adds a provision to the "Colorado Medical Practice Act" to regulate the permissible use of the intact dilation and extraction procedure to terminate a human pregnancy. Defines such procedure. Specifies the limited circumstances under which such procedure may be used to terminate a human pregnancy. Specifies that any violation of this law constitutes unprofessional conduct under the provisions of the "Colorado Medical Practice Act" and subjects the violator to the disciplinary authority of the Colorado state board of medical examiners. Specifies that violations of this law also subject the violator to other penalties specified in the "Colorado Medical Practice Act".
Refers this act to a vote of the people under the
referendum clause of the state constitution.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 36 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
1236140. Intact dilation and extraction procedures protocols. (1) THE PERFORMANCE OF A MEDICAL PROCEDURE KNOWN AS AN INTACT DILATION AND EXTRACTION PROCEDURE THAT IS USED TO TERMINATE A PREGNANCY SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION.
(2) FOR THE PURPOSES OF THIS SECTION, "INTACT DILATION AND EXTRACTION PROCEDURE" MEANS A PROCEDURE THAT INCLUDES ALL OF THE FOLLOWING ELEMENTS PERFORMED IN THE SEQUENCE SPECIFIED:
(a) THE INTENTIONAL OR DELIBERATE DILATION OF THE CERVIX, USUALLY OVER A PERIOD OF DAYS;
(b) THE INSTRUMENTAL CONVERSION OF THE FETUS TO A FOOTLING BREECH;
(c) THE BREECH EXTRACTION OF THE BODY OF THE FETUS EXCEPTING THE HEAD; AND
(d) THE PARTIAL EVACUATION OF THE INTRACRANIAL CONTENTS OF THE FETUS TO EFFECT A VAGINAL DELIVERY OF A DEAD BUT OTHERWISE INTACT FETUS.
(3) A PHYSICIAN MAY UTILIZE AN INTACT DILATION AND EXTRACTION PROCEDURE WHEN, IN HIS OR HER CLINICAL JUDGMENT, THE PHYSICIAN DETERMINES:
(a) THE PROCEDURE IS WARRANTED UNDER THE CIRCUMSTANCES BECAUSE CONTINUATION OF THE PREGNANCY IS LIKELY TO RESULT IN THE DEATH OF THE WOMAN, THE SERIOUS PERMANENT IMPAIRMENT OF THE PHYSICAL HEALTH OF THE WOMAN, OR THE SERIOUS PERMANENT IMPAIRMENT OF THE MENTAL HEALTH OF THE WOMAN;
(b) OTHER AVAILABLE PROCEDURES TO TERMINATE THE PREGNANCY WOULD PRESENT A GREATER ADVERSE HEALTH RISK TO THE WOMAN; OR
(c) THE FETUS IS COMPROMISED BY A LETHAL BIRTH DEFECT, INCLUDING, BUT NOT LIMITED TO:
(IV) CHROMOSOME ABNORMALITIES, INCLUDING TRISOMY 13, TRISOMY 18, AND TRIPLOID, THAT ARE INCOMPATIBLE WITH LIFE;
(V) RENAL AGENESIS;
(VI) LETHAL FORMS OF DWARFISM;
(VII) SEVERE CARDIAC ABNORMALITIES.
(4) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE UNPROFESSIONAL CONDUCT UNDER THE PROVISIONS OF THIS ARTICLE AND SHALL BE SUBJECT TO DISCIPLINARY ACTION BY THE BOARD AND THE PENALTIES SPECIFIED IN SECTION 1236129.
SECTION 2. Refer to people under referendum. This act shall be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election, for their approval or rejection, under the provisions of the referendum as provided for in section 1 of article V of the state constitution, and in article 40 of title 1, Colorado Revised Statutes. Each elector voting at said election and desirous of voting for or against said act shall cast a vote as provided by law either "Yes" or "No" on the proposition: "SHALL THERE BE AN AMENDMENT TO THE COLORADO REVISED STATUTES CONCERNING THE IMPROPER USE OF THE INTACT DILATION AND EXTRACTION PROCEDURE TO TERMINATE A PREGNANCY IN A WOMAN AS CONSTITUTING UNPROFESSIONAL CONDUCT UNDER THE "COLORADO MEDICAL PRACTICE ACT""? The votes cast for the adoption or rejection of said act shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress.