C.R.S. Section 25-2-111.5
Transfer of fetal tissue from induced termination of pregnancy

  • legislative declaration

(1)

The general assembly hereby finds, determines, and declares that the United States congress enacted 42 U.S.C. sec. 289g-2, prohibiting the acquisition, receipt, or other transfer of human fetal tissue for valuable consideration if the transfer affects interstate commerce. The general assembly determines and declares that the acquisition, receipt, or other transfer of human fetal tissue for valuable consideration affects intrastate commerce and is not in the public interest of the residents of Colorado. Therefore, the general assembly finds, determines, and declares that the exchange for valuable consideration of human fetal tissue should be prohibited.

(2)

Intentionally left blank —Ed.

(a)

No physician or institution that performs procedures for the induced termination of pregnancy shall transfer such tissue for valuable consideration to any organization or person that conducts research using fetal tissue or that transplants fetal tissue for therapeutic purposes. For the purposes of this section, “valuable consideration” includes, but is not limited to:

(I)

Any lease-sharing agreement in excess of the current market value for commercial rental property for the area in which the physician’s or institution’s place of business is located;

(II)

Any lease-sharing agreement that is based on the term or number of induced terminations of pregnancy performed by such physician or institution;

(III)

Any moneys, gifts in lieu of money, barter arrangements, or exchange of services that do not constitute reasonable payment associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue as defined in 42 U.S.C. sec. 289g-2; or

(IV)

Any agreement to purchase fetal tissue for a profit.

(b)

Nothing in this subsection (2) shall prevent the disposition of fetal tissue from an induced termination of pregnancy pursuant to part 4 of article 15 of this title.

(3)

Any physician or institution that violates subsection (2) of this section shall be fined by the state registrar not more than ten thousand dollars, depending upon the severity of the violation.

(4)

The department of public health and environment may promulgate rules related to enforcement activities necessary to implement subsections (2) and (3) of this section.

Source: Section 25-2-111.5 — Transfer of fetal tissue from induced termination of pregnancy - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑2‑101
Short title 25‑2‑102
Definitions 25‑2‑103
Centralized registration system for all vital statistics - office of state registrar of vital statistics created - appointment of registrar - rules 25‑2‑104
Registration of vital statistics 25‑2‑105
Vital statistics, reports, and certificates - forms and information to be included 25‑2‑106
Reports of marriage 25‑2‑106.5
Reports of civil unions 25‑2‑107
Reports of adoption, dissolution of marriage, parentage, and other court proceedings affecting vital statistics - tax on court action affecting vital statistics 25‑2‑107.5
Reports of dissolution of civil unions, legal separation of civil unions, or declarations of invalidity of civil unions - fee 25‑2‑110
Certificates of death 25‑2‑110.5
Fetal deaths - treatment of remains 25‑2‑111
Dead bodies - disposition - removal from state - records 25‑2‑111.5
Transfer of fetal tissue from induced termination of pregnancy - legislative declaration 25‑2‑112
Certificates of birth - filing - establishment of parentage - notice to collegeinvest 25‑2‑112.3
Certificates of stillbirth - filing - delayed registration - rules 25‑2‑112.5
Social security account numbers - acknowledgments of paternity - to be furnished 25‑2‑112.7
Crime of misrepresentation of material information in the preparation of a birth certificate - definitions 25‑2‑113
New certificates of birth following adoption - parentage determination 25‑2‑113.5
Limited access to information upon consent of all parties - voluntary adoption registry - definitions 25‑2‑113.8
Birth certificate modernization act - new birth certificate following a change in gender designation - short title - definition 25‑2‑114
Delayed registration of births and deaths 25‑2‑115
Alteration of reports and certificates - amended reports and certificates 25‑2‑116
Institutions to keep records - persons to furnish information 25‑2‑117
Certified copies furnished - fee 25‑2‑118
Penalties 25‑2‑120
Reports of electroconvulsive treatment 25‑2‑121
Fee adjustments - vital statistics records cash fund created 25‑2‑122
Heirloom birth and marriage certificates - funds created - report - rules - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 25-2-111.5’s source at colorado​.gov