A Bill for an Act
Page 1, Line 101Concerning the regulation of life-sustaining health-care
Page 1, Line 102treatment for minors, and, in connection therewith,
Page 1, Line 103requiring the consent of a parent or legal guardian
Page 1, Line 104before implementing a do-not-resuscitate order for a
Page 1, Line 105minor, except in certain limited circumstances.
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://leg.colorado.gov.)
The bill mandates that a health-care provider (provider) shall not implement a do-not-resuscitate order (DNR) for a minor without written consent from the minor's parent or legal guardian. However, if a provider makes a reasonably diligent and documented effort to contact a parent or legal guardian for 72 hours without success, the provider may enter a DNR for the minor. A parent or legal guardian may revoke their consent in writing, and such a revocation must take precedence over the prior consent and be recorded in the minor's medical records.
The bill states that a provider shall not hinder or delay the life-sustaining or resuscitative treatment, determined by the right of the parent or legal guardian of the minor, to be given to the minor unless there is destruction of the minor's circulatory system, respiratory system, and entire brain. A court does not have authority to require withdrawal of life-sustaining or resuscitative treatment for a minor unless there is destruction of the minor's circulatory system, respiratory system, and entire brain. The bill creates a presumption that the continuation of the life of a minor is in the minor's best interest.
Under the bill, a provider shall not interfere with a parent or legal guardian of a minor seeking to obtain another medical opinion or the transfer of the minor to another health facility (facility). If the parent or legal guardian requests that the minor be transferred, the provider shall:
- Provide the new facility immediate access to the minor and the minor's medical records; and
- Not hinder or delay the necessary measures or procedures needed to facilitate the transfer.
- Continue providing the life-sustaining measures and procedures being administered; and
- Make every reasonable effort to help facilitate the transfer.
The facility receiving the minor on transfer must:
Lastly, the bill directs a provider, if requested, to disclose any policies the provider has relating to services involving resuscitation or life-sustaining measures.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 12-30-125 as follows:
Page 2, Line 312-30-125. Do-not-resuscitate orders - minors - parental
Page 2, Line 4communication - short title - definitions. (1) The short title of this section is "Simon's Law".
Page 2, Line 5(2) As used in this section, unless the context otherwise
Page 2, Line 6requires:
Page 3, Line 1(a) (I) "Do-not-resuscitate order" means an order in a
Page 3, Line 2patient's medical record that reflects a decision to forgo cardiopulmonary resuscitative measures.
Page 3, Line 3(II) "Do-not-resuscitate order" does not include
Page 3, Line 4withholding other medical interventions deemed necessary to provide a patient with comfort care or to alleviate pain.
Page 3, Line 5(b) "Health-care provider" means an individual licensed,
Page 3, Line 6certified, or registered pursuant to articles 200 to 310 of this title 12.
Page 3, Line 7(c) "Health facility" means a facility licensed or certified pursuant to section 25-1.5-103 (1), article 3 of title 25, or both.
Page 3, Line 8(d) "Minor" means an unemancipated individual who is under eighteen years of age and not:
Page 3, Line 9(I) Subject to court jurisdiction through the juvenile justice system set forth in article 2.5 of title 19; or
Page 3, Line 10(II) On active duty with any branch of the armed services of the United States.
Page 3, Line 11(3) (a) A health-care provider shall not implement a
Page 3, Line 12do-not-resuscitate order or any similar order for a minor either
Page 3, Line 13orally or in writing without the written consent of at least one parent or legal guardian of the minor.
Page 3, Line 14(b) If the health-care provider makes a reasonably
Page 3, Line 15diligent and documented effort to reach the parent or legal
Page 3, Line 16guardian of the minor for at least seventy-two hours without
Page 3, Line 17success, the health-care provider may implement such an order without the consent of the parent or legal guardian.
Page 3, Line 18(4) (a) Consent given by a parent or legal guardian of a
Page 4, Line 1minor pursuant to subsection (3)(a) of this section may be
Page 4, Line 2revoked in writing only by the parent or legal guardian who gave the consent.
Page 4, Line 3(b) If the parent or legal guardian revokes their prior consent pursuant to this subsection (4), that revocation:
Page 4, Line 4(I) Must take precedence over the prior consent; and
Page 4, Line 5(II) Must be recorded in the minor's medical records along with the following information:
Page 4, Line 6(A) The name of the parent or legal guardian who gave and revoked the consent;
Page 4, Line 7(B) To whom the parent or legal guardian gave the consent;
Page 4, Line 8(C) To whom the parent or legal guardian gave the revocation;
Page 4, Line 9(D) The date and time the revocation was given; and
(E) Who, if anyone, witnessed the revocation being given.
Page 4, Line 10(5) (a) A health-care provider shall not hinder or delay
Page 4, Line 11the life-sustaining or resuscitative treatment, determined by
Page 4, Line 12the right of a parent or legal guardian of the minor, to be given to the minor unless there is destruction of the minor's:
Page 4, Line 13(I) Circulatory system; and
(II) Respiratory system; and
Page 4, Line 14(III) Entire brain.
Page 4, Line 15(b) A court does not have authority to require
Page 4, Line 16withdrawal of life-sustaining or resuscitative treatment for a
Page 4, Line 17minor over the objection of the minor's parent or legal guardian
Page 4, Line 18unless there is destruction of the minor's:
(I) Circulatory system; and
Page 5, Line 1(II) Respiratory system; and
(III) Entire brain.
Page 5, Line 2(c) There is a presumption that the continuation of the life of a minor is in the minor's best interest.
Page 5, Line 3(6) (a) A health-care provider shall not interfere with the efforts of a parent or legal guardian of a minor to:
Page 5, Line 4(I) Obtain another medical opinion; or
(II) Transfer the minor to another health facility.
Page 5, Line 5(b) If the parent or legal guardian of the minor requests
Page 5, Line 6that the minor be transferred to another health facility, the health-care provider shall:
Page 5, Line 7(I) Provide the new health facility immediate access to the minor and the minor's medical records; and
Page 5, Line 8(II) Not hinder or delay the necessary measures or
Page 5, Line 9procedures needed to facilitate the transfer, including an immediate tracheotomy or gastronomy tube placement.
Page 5, Line 10(c) The health facility receiving the minor on transfer must:
Page 5, Line 11(I) Continue providing the life-sustaining measures and
Page 5, Line 12procedures being administered throughout the transfer process; and
Page 5, Line 13(II) Make every reasonable effort to help facilitate the transfer.
Page 5, Line 14(7) (a) Upon the request of a minor or the parent or legal
Page 5, Line 15guardian of the minor, a health-care provider or health facility
Page 5, Line 16shall disclose verbally and in writing any policies relating to
Page 6, Line 1resuscitation or life-sustaining measures, including any policies
Page 6, Line 2related to treatments deemed nonbeneficial, ineffective, futile, or inappropriate.
Page 6, Line 3(b) This subsection (7) does not require a health-care
Page 6, Line 4provider or health facility to maintain a written policy relating
Page 6, Line 5to or involving resuscitation, life-sustaining measures, or nonbeneficial treatment for minor or adult patients.
Page 6, Line 6SECTION 2. Act subject to petition - effective date -
Page 6, Line 7applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 6, Line 8referendum petition is filed pursuant to section 1 (3) of article V of the
Page 6, Line 9state constitution against this act or an item, section, or part of this act
Page 6, Line 10within the ninety-day period after final adjournment of the general
Page 6, Line 11assembly, then the act, item, section, or part will not take effect unless
Page 6, Line 12approved by the people at the general election to be held in November
Page 6, Line 132026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 6, Line 14(2) This act applies to health-care services provided on or after the applicable effective date of this act.