Colorado committee rejects bill creating pregnancy‑specific advance directive; postpones it indefinitely

Representative Kelty reintroduced House Bill 26‑1085 to the Health & Human Services Committee with an amendment (L003) that sponsors said rewrites the bill into a pregnancy‑specific “advance pregnancy advance directive.” Kelty described the change as ‘‘medical‑term language’’ that clarifies differences between existing advance medical directives and the new pregnancy form and provides liability protection for clinicians who offer—but do not force—the form.

The amendment passed on unanimous consent after questions from committee members about whether the new form was necessary given existing advance‑directive law. Representative McCormick asked whether an individual could already add pregnancy instructions to an advance medical directive; Kelty replied that existing directives do not include the specific pregnancy language the bill would create and that the new form would give pregnant people an explicit, simple way to record preferences for maternal and fetal care if they become incapacitated.

Several committee members raised concerns about the bill’s scope and potential burden on clinicians. Representative McCormick and Representative Stewart pressed sponsors on whether the bill would override medical power of attorney or impose liability on providers. Sponsors responded the form is voluntary, revocable, and that language in L003 is intended to protect clinicians from liability in cases where offering the form is impractical (for example, between appointments).

After L003 passed, the committee considered advancing the bill to the Committee of the Whole. A roll call produced a 6‑7 vote against advancing the measure. A follow‑up motion to postpone the bill indefinitely passed 7‑6, effectively killing HB26‑1085 in committee.

What’s next: Because the committee voted to postpone the bill indefinitely, HB26‑1085 will not move forward from this hearing unless sponsor action revives it. The record shows sponsors incorporated medical language suggested by clinicians but could not secure majority support to advance.

Sources: Committee proceedings and roll call recorded during the Health & Human Services Committee hearing (committee transcript).