C.R.S. § 25-3-126: Health facilities - health-care practitioners - requirements related to labor and childbirth - rules - definitions.

(1) Except as provided in subsection (2) of this section, on and after January 1, 2022, a health facility that provides services related to labor and childbirth shall demonstrate to the department, in the form and manner determined by the department by rule, that the health facility has a policy that:

(a) Allows every birthing person to have a companion or doula with the person during birth in addition to a partner or spouse;

(b) Prioritizes newborns bonding with their families in order to facilitate the physiologic postpartum process;

(c) Will not exclude from care any person experiencing physiologic birth or interrupt the process of physiologic birth without the informed consent of the birthing person;

(d) Details the facility's process related to receiving a pregnant person's patient information from any provider regulated under title 12 who has provided care for the pregnant person;

(e) Establishes processes to transfer and receive pregnant persons across levels of care of licensed facilities within the facility's capacity and capability; and

(f) Establishes a process to receive individuals who are pregnant, undergoing physiologic birth, or in the physiologic postpartum process from locations other than licensed facilities, including a process to receive verbal and written information from individuals with relevant information, including but not limited to family members, doulas, or a health-care provider regulated under title 12.

(1.5) Required notice to birthing parents.

(a) No later than January 1, 2027, a health facility shall make electronically available to a birthing parent and a birthing parent's companion or family member, if applicable, and in print if requested:

(I) A required notice to birthing parents of the components of respectful labor and childbirth, including:

(A) A birthing parent's right to be free from harm and mistreatment;

(B) Respect for a birthing parent's dignity, privacy, and confidentiality;

(C) A birthing parent's right to informed choice and consent;

(D) The right to have a birthing companion and a family member with the birthing parent during birth;

(E) Equitable and high-quality care for a birthing parent that is evidence-based, free from discrimination, and culturally sensitive; and

(F) Effective communication, during which health-care practitioners introduce themselves, explain their roles, and welcome questions and concerns from a birthing parent or the birthing parent's birthing companion or family member; and

(II) Information, including telephone contact information, concerning where to file a complaint with the appropriate state or federal office or agency relating to the birthing process that alleges the following:

(A) Discrimination based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or age;

(B) Unprofessional conduct or negligent medical care from a licensed health-care practitioner, including failure to provide informed consent;

(C) Unsafe conditions or failure to allow visitation rights specified in section 25-3-125, including allowing a birthing companion or doula in addition to a partner or spouse to be present during labor and birth, at a licensed health facility; or

(D) Violation of state or federal privacy and security laws, including the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, and its implementing regulations.

(b) The requirements set forth in this subsection (1.5):

(I) Do not apply to labor and childbirth policies described in subsection (2) of this section relating to a birthing individual who is in custody; and

(II) Do not create a private right of action against a health facility, a health facility employee, a person with whom the health facility has a contractual relationship, or a licensed health-care practitioner for failing to comply with this subsection (1.5).

(2) For labor and childbirth services provided to a birthing person who is in custody, a health facility shall demonstrate to the department, in the form and manner determined by the department by rule, that the health facility has a policy that:

(a) Prioritizes newborns bonding with their families in order to facilitate the physiologic postpartum process, unless:

(I) The parent or legal guardian of the newborn consents to medical treatment;

(II) The newborn is released to a legal guardian; or

(III) The birthing person is released from labor and delivery; and

(b) Will not exclude from care any person experiencing physiologic birth or interrupt the process of physiologic birth without the informed consent of the birthing person.

(3) As used in this section:

(a) "Doula" means a person who provides physical, emotional, and informational support to a pregnant person before, during, and after pregnancy.

(b) "Physiologic birth" means labor and birth powered by the innate human capacity of a pregnant person and the pregnant person's fetus, which includes endogenous hormone systems.

(c) "Physiologic postpartum process" means the biologic process that happens to both the newborn and birthing person after delivery due to endogenous hormone systems.