House Committee of Reference Report
Committee on Health & Human Services
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February 4, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1040 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, 25.5-10-231, amend
Page 1, Line 4(1) and (2); and repeal (3), (4), and (5) as follows:
Page 1, Line 525.5-10-231. Sterilization rights - legislative intent.
Page 1, Line 6(1) It is the intent of the general assembly that the procedures set
Page 1, Line 7forth in the following subsections be utilized when sterilization is being
Page 1, Line 8considered for the primary purpose of rendering the person incapable of
Page 1, Line 9reproduction. consent required in subsection (2) of this section
Page 1, Line 10applies to any person with an intellectual and developmental
Page 1, Line 11disability when sterilization is being considered for the primary
Page 1, Line 12purpose of rendering the person incapable of reproduction.
Page 1, Line 13(2) Any person with an intellectual and developmental disability
Page 1, Line 14over eighteen years of age who has given informed consent has the right
Page 1, Line 15to be sterilized, subject to the following: A person with an
Page 1, Line 16intellectual and developmental disability who has
Page 1, Line 17decision-making capacity shall not be sterilized against the
Page 1, Line 18person's will. A person with an intellectual and developmental
Page 1, Line 19disability who lacks decision-making capacity shall not be
Page 1, Line 20sterilized against the person's will except in circumstances
Page 1, Line 21where there is an imminent threat to the life or health of the
Page 1, Line 22person and the decision is made in accordance with a process,
Page 1, Line 23requirements, or limitations set forth in article 14 of title 15 or
Page 1, Line 24any other applicable law or court order.
Page 1, Line 25(a) Prior to the procedure, competency to give informed consent
Page 1, Line 26and assurance that such consent is voluntarily and freely given shall be
Page 1, Line 27evaluated by the following:
Page 2, Line 1(I) A psychiatrist, psychologist, or physician who does not provide
Page 2, Line 2services or supports to the person and who has consulted with and
Page 2, Line 3interviewed the person with an intellectual and developmental disability;
Page 2, Line 4and
Page 2, Line 5(II) An intellectual and developmental disabilities professional
Page 2, Line 6who does not provide services or supports in which said person
Page 2, Line 7participates, and who has consulted with and interviewed the person with
Page 2, Line 8an intellectual and developmental disability.
Page 2, Line 9(b) The professionals who conducted the evaluation pursuant to
Page 2, Line 10paragraph (a) of this subsection (2) shall consult with the physician who
Page 2, Line 11is to perform the operation concerning each professional's opinion in
Page 2, Line 12regard to the informed consent of the person requesting the sterilization.
Page 2, Line 13(3) Any person with an intellectual and developmental disability
Page 2, Line 14whose capacity to give an informed consent is challenged by the
Page 2, Line 15intellectual and developmental disabilities professional or the physician
Page 2, Line 16may file a petition with the court to declare competency to give consent
Page 2, Line 17pursuant to the procedures set forth in section 25.5-10-232.
Page 2, Line 18(4) No person with an intellectual and developmental disability
Page 2, Line 19who is over eighteen years of age and has the capacity to participate in the
Page 2, Line 20decision-making process regarding sterilization shall be sterilized in the
Page 2, Line 21absence of the person's informed consent. No minor may be sterilized
Page 2, Line 22without a court order pursuant to section 25.5-10-233.
Page 2, Line 23(5) Sterilization conducted pursuant to this section shall be legal.
Page 2, Line 24Consent given by any person pursuant to subsection (2) of this section is
Page 2, Line 25not revocable after sterilization, and no person shall be liable for acting
Page 2, Line 26pursuant to such consent.
Page 2, Line 27SECTION 2. In Colorado Revised Statutes, 25.5-10-220, amend
Page 2, Line 28(9) as follows:
Page 2, Line 2925.5-10-220. Right to medical care and treatment.
Page 2, Line 30(9) No A person receiving services may must not have any
Page 2, Line 31organs removed for the purpose of transplantation without the person's
Page 2, Line 32consent of such person, if the person is over eighteen years of age old
Page 2, Line 33and is able to give such consent. If the person's ability to give consent to
Page 2, Line 34the medical procedure is challenged by the physician, the same
Page 2, Line 35procedures as those set forth in section 25.5-10-232 shall be followed.
Page 2, Line 36Consent for the removal of organs for transplantation may be given by the
Page 2, Line 37parents of a person receiving services, if the person is under eighteen
Page 2, Line 38years of age old, or by the person's legal guardian. Such A parent's or
Page 2, Line 39legal guardian's consent may be given only after consultation with the
Page 2, Line 40interdisciplinary team and an intellectual and developmental disabilities
Page 2, Line 41professional not affiliated with the facility or community residential home
Page 2, Line 42in which the person receiving services resides. However, no a person
Page 2, Line 43receiving services of any age may shall not be a donor of an organ if
Page 3, Line 1the person implicitly or expressly objects to such the procedure.
Page 3, Line 2SECTION 3. In Colorado Revised Statutes, repeal 25.5-10-232,
Page 3, Line 325.5-10-233, and 25.5-10-234.
Page 3, Line 4SECTION 4. Safety clause. The general assembly finds,
Page 3, Line 5determines, and declares that this act is necessary for the immediate
Page 3, Line 6preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 7the support and maintenance of the departments of the state and state
Page 3, Line 8institutions.".