Family Planning

C.R.S. tit. 25, art. 6
in effect

C.R.S. § 25-6-101 Legislative declaration

25-6-101. Legislative declaration. (1) Every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception. (2) Contraceptive procedures, supplies, and information are not available as a practical matter to many persons in this state. (3) It is desirable that inhibitions and restrictions be eliminated so that all persons desiring contraceptive procedures, supplies, and information shall have ready and practicable access thereto. (4) Section 25-6-102 sets forth the policy and authority of this state, its political subdivisions, and all agencies and institutions thereof, including prohibitions against restrictions with respect to contraceptive procedures, supplies, and information.

C.R.S. § 25-6-102 Policy, authority, and prohibitions against restrictions

25-6-102. Policy, authority, and prohibitions against restrictions. (1) All medically acceptable contraceptive procedures, supplies, and information shall be readily and practicably available to each person desirous of the same regardless of sex, sexual orientation, gender identity, gender expression, race, color, creed, religion, disability, age, income, number of children, marital status, citizenship, national origin, ancestry, or motive. (2) Medical evaluation and advice is encouraged for all persons seeking any contraceptive procedures, supplies, and information. (3) No hospital, clinic, medical center, institution, or pharmacy shall subject any person to any standard or requirement as a prerequisite for any contraceptive procedures, supplies, or information, including sterilization, other than referral to a physician. (4) No hospital, clinic, medical center, or pharmacy licensed in this state, nor any agency or institution of this state, nor any unit of local government shall have any policy which interferes with either the physician-patient relationship or any physician or patient desiring to use any medically acceptable contraceptive procedures, supplies, or information. (5) Contraceptive procedures, including medical procedures for permanent sterilization, when performed by a physician on a requesting and consenting patient, are consistent with public policy. (6) Notwithstanding any other provision of this part 1, no unmarried person under eighteen years of age may consent to permanent sterilization procedures without the consent of parent or guardian. (7) Nothing in this part 1 shall inhibit a physician from refusing to furnish any contraceptive procedures, supplies, or information for medical reasons. (8) Dissemination of medically acceptable contraceptive information by duly authorized persons at schools, in state, district, and county health and welfare departments or public health agencies, in medical facilities at institutions of higher education, and at other agencies and instrumentalities of this state is consistent with public policy. (9) No private institution or physician, nor any agent or employee of such institution or physician, shall be prohibited from refusing to provide contraceptive procedures, supplies, and information when such refusal is based upon religious or conscientious objection, and no such institution, employee, agent, or physician shall be held liable for such refusal. (10) To the extent family planning funds are available, each agency and institution of this state and each of its political subdivisions shall provide contraceptive procedures, supplies, and information, including permanent sterilization procedures, to indigent persons free of charge and to other persons at cost.

C.R.S. § 25-6-103 Department of public health and environment - powers and duties

25-6-103. Department of public health and environment - powers and duties. The department of public health and environment is authorized to receive and disburse such funds as may become available to it for family planning programs to any organization, public or private, engaged in providing contraceptive procedures, supplies, and information. Any family planning program administered by the department of public health and environment shall be developed in consultation and coordination with other family planning agencies in this state, including but not limited to the department of human services.

C.R.S. § 25-6-104 Department of public health and environment - family planning access collaborative - legislative declaration - recommendations - funding - repeal

25-6-104. Department of public health and environment - family planning access collaborative - legislative declaration - recommendations - funding - repeal. (Repealed)

C.R.S. § 25-6-201 This part 2 to be liberally construed

25-6-201. This part 2 to be liberally construed. This part 2 shall be liberally construed to protect the rights of all individuals to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent the imposition upon any individual of practices offensive to the individual's moral standards, to respect the right of every individual to self-determination in the procreation of children, and to insure a complete freedom of choice in pursuance of constitutional rights.

C.R.S. § 25-6-202 Services to be offered by the county

25-6-202. Services to be offered by the county. The governing body of each county and each city and county or any county or district public health agency thereof or any welfare department thereof may provide and pay for, and each county and each city and county or any public health agency or county or district public health agency thereof or any welfare department thereof may offer, family planning and birth control services to every parent who is a public assistance recipient and to any other parent or married person who might have interest in, and benefit from, such services; except that no county or city and county or public health agency thereof is required by this section to seek out such persons.

C.R.S. § 25-6-203 Extent of services

25-6-203. Extent of services. Family planning and birth control services shall include: Interview with trained personnel; distribution of literature; referral to a licensed physician, an advanced practice registered nurse, or a certified midwife for consultation, examination, tests, medical treatment, and prescription; and, to the extent so prescribed, the distribution of rhythm charts, drugs, medical preparations, contraceptive devices, and similar products.

C.R.S. § 25-6-204 Counties may charge for services

25-6-204. Counties may charge for services. The governmental unit making provision for and offering such services may charge those persons to whom family planning and birth control services are rendered a fee sufficient to reimburse the county or city and county all or any portion of the costs of the services rendered.

C.R.S. § 25-6-205 Services may be refused

25-6-205. Services may be refused. The refusal of any person to accept family planning and birth control services shall in no way affect the right of such person to receive public assistance or to avail himself of any other public benefit, and every person to whom such services are offered shall be so advised initially both orally and in writing. County and city and county employees engaged in the administration of this part 2 shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual, and nothing in this part 2 shall in any way abridge such individual right, nor shall any individual be required to state his reason for refusing the offer of family planning and birth control services.

C.R.S. § 25-6-206 Interviews conducted in language recipient understands

25-6-206. Interviews conducted in language recipient understands. In all cases where the recipient does not speak or read the English language, the services shall not be given unless the interviews are conducted and all literature is written in a language which the recipient understands.

C.R.S. § 25-6-207 County employee exemption

25-6-207. County employee exemption. Any county employee or city and county employee may refuse to accept the duty of offering family planning and birth control services to the extent that such duty is contrary to his personal religious beliefs, and such refusal shall not be grounds for any disciplinary action, for dismissal, for any interdepartmental transfer, for any other discrimination in his employment, for suspension from employment with the county or city and county, or for any loss in pay or other benefits.

C.R.S. § 25-6-301 Legislative declaration

25-6-301. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The American academy of pediatrics recommends breast-feeding exclusively for the first six months of an infant's life but continuing with other forms of nutrition for at least the first twelve months of an infant's life and as long thereafter as is mutually desired. (b) The American academy of pediatrics has continuously endorsed breast-feeding as the optimal form of nutrition for infants and as a foundation for good feeding practices. Extensive research indicates that there are diverse and compelling advantages to breast-feeding for infants, mothers, families, and society. (c) Epidemiologic research shows that breast-feeding of infants provides benefits to their general health, growth, and development and results in significant decreases in risk for numerous acute and chronic diseases. (d) Research in developed countries provides strong evidence that breast-feeding decreases the incidence and severity of diarrhea, lower respiratory infection, otitis media, and urinary tract infection. (e) Research studies have also shown that human milk and breast-feeding have possible protective effects against the development of a number of chronic diseases, including allergic diseases and some chronic digestive diseases. In addition, human milk and breast-feeding may prevent obesity. (f) In addition, breast-feeding has been related to the possible enhancement of cognitive development. (g) Breast-feeding has been shown to have numerous health benefits for mothers, including an earlier return to prepregnant weight, delayed resumption of ovulation with increased child spacing, improved bone remineralization postpartum with reduction in hip fractures in the postmenopausal period, and reduced risk of ovarian cancer and premenopausal breast cancer, as well as increased levels of oxytocin, resulting in less postpartum bleeding and more rapid uterine involution. (h) In addition to individual health benefits, breast-feeding results in substantial benefits to society, including reduced health-care costs, reduced environmental damage, reduced governmental spending on the women, infants, and children supplementary feeding programs, and reduced employee absenteeism for care attributable to infant illness. (i) Breast-feeding is a basic and important act of nurturing that should be encouraged in the interests of maternal and infant health. (2) The general assembly further declares that the purpose of this part 3 is for the state of Colorado to become involved in the national movement to recognize the medical importance of breast-feeding, within the scope of complete pediatric care, and to encourage removal of societal boundaries placed on breast-feeding in public.

C.R.S. § 25-6-302 Breast-feeding

25-6-302. Breast-feeding. A mother may breast-feed in any place she has a right to be.

C.R.S. § 25-6-401 Short title

25-6-401. Short title. The short title of this part 4 is the "Reproductive Health Equity Act".

C.R.S. § 25-6-402 Definitions

25-6-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Abortion" means any medical procedure, instrument, agent, or drug used to terminate the pregnancy of an individual known or reasonably believed to be pregnant with an intention other than to increase the probability of a live birth. (2) "Pregnancy" means the human reproductive process, beginning with the implantation of an embryo. (3) "Public entity" has the same meaning as set forth in section 24-10-103 (5) and includes private contract prisons, as defined in section 17-1-102. (4) "Reproductive health care" means health care and other medical services related to the reproductive processes, functions, and systems at all stages of life. It includes, but is not limited to, family planning and contraceptive care; abortion care; prenatal, postnatal, and delivery care; fertility care; sterilization services; and treatments for sexually transmitted infections and reproductive cancers.

C.R.S. § 25-6-403 Fundamental reproductive health-care rights

25-6-403. Fundamental reproductive health-care rights. (1) Every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception. (2) A pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right. (3) A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state.

C.R.S. § 25-6-404 Public entity - prohibited actions

25-6-404. Public entity - prohibited actions. (1) A public entity shall not: (a) Deny, restrict, interfere with, or discriminate against an individual's fundamental right to use or refuse contraception or to continue a pregnancy and give birth or to have an abortion in the regulation or provision of benefits, facilities, services, or information; (b) Deprive, through prosecution, punishment, or other means, an individual of the individual's right to act or refrain from acting during the individual's own pregnancy based on the potential, actual, or perceived impact on the pregnancy, the pregnancy's outcomes, or on the pregnant individual's health; (c) Restrict any natural or legal person in performing, or prohibit any natural or legal person from providing, reproductive health care through the imposition of licensing, permitting, certification, or similar legislative or regulatory requirements that apply solely to providers of reproductive health care; or (d) Prosecute or otherwise criminally sanction any natural or legal person for providing, assisting in the provision of, arranging for, or otherwise assisting a person in accessing reproductive health care performed within the scope of applicable professional licensure and certification requirements.

C.R.S. § 25-6-405 Application

25-6-405. Application. (1) This part 4 applies to all state and local laws, ordinances, policies, procedures, regulatory guidelines and rules, practices, executive orders, and governmental actions and their implementation, whether statutory or otherwise. The rights protected under this part 4 are a matter of statewide concern. (2) Nothing in this part 4 may be construed to authorize a public entity to burden an individual's fundamental rights relating to reproductive health care.

C.R.S. § 25-6-406 Severability

25-6-406. Severability. If any provision of this part 4 or the application thereof to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this part 4 that can be given effect without the invalid provision or application, and to this end the provisions of this part 4 are declared to be severable.

C.R.S. § 25-6-407 Enforcement

25-6-407. Enforcement. The venue to enforce an action pursuant to the provisions of this part 4 is in the Denver district court.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-25.docxFetched: 10/6/2026