Bill > HB1040

This bill strengthens protections for individuals with intellectual and developmental disabilities (IDD) regarding sterilization and organ donation. It mandates that any person with an IDD must receive counseling on the long-term consequences of sterilization and alternative, less invasive methods of pregnancy prevention before undergoing the procedure, regardless of their capacity to consent. Sterilization is prohibited against an individual's will, unless their fertility or pregnancy poses an immediate threat to their life or health, a term defined as a real, immediate, or substantial risk of death or serious, irreversible harm requiring prompt medical intervention. Court-ordered sterilization petitions must now include confirmation that this counseling has occurred, and courts cannot order sterilization if the individual expresses a desire to remain fertile, unless medically necessary for their life or health. Additionally, the bill clarifies that individuals over eighteen with the ability to consent cannot have organs removed for transplantation without their consent, and even if a parent or legal guardian consents for a minor or someone unable to consent, the individual's implicit or explicit objection to the procedure must be honored.

Health and Social Services

https://leg.colorado.gov/bills/HB26-1040