18-6-903. Abortion after 22 weeks gestational age prohibited.
(1) UNLAWFUL CONDUCT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EXCEPT AS PROVIDED IN 18-6-903
(3), IT IS UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR RECKLESSLY PERFORM OR ATTEMPT TO PERFORM AN
ABORTION ON ANY OTHER PERSON IF THE PROBABLE GESTATIONAL AGE OF THE FETUS IS AT LEAST 22 WEEKS.
(2) ASSESSMENT OF GESTATIONAL AGE. A PHYSICIAN PERFORMING OR ATTEMPTING AN ABORTION SHALL FIRST MAKE
A DETERMINATION OF THE PROBABLE GESTATIONAL AGE. IN MAKING SUCH A DETERMINATION, THE PHYSICIAN
SHALL MAKE SUCH INQUIRIES OF THE PREGNANT WOMAN AND PERFORM OR CAUSE TO BE PERFORMED SUCH
MEDICAL EXAMINATIONS AND TESTS AS A REASONABLY PRUDENT PHYSICIAN, KNOWLEDGEABLE ABOUT THE CASE
AND THE MEDICAL CONDITIONS INVOLVED, WOULD CONSIDER NECESSARY TO MAKE AN ACCURATE DETERMINATION
OF THE GESTATIONAL AGE.
(3) EXCEPTION. IF, IN THE REASONABLE MEDICAL JUDGEMENT OF THE PHYSICIAN, AN ABORTION IS IMMEDIATELY
REQUIRED TO SAVE THE LIFE OF A PREGNANT WOMAN, RATHER THAN AN EXPEDITED DELIVERY OF THE LIVING
FETUS, AND IF THE PREGNANT WOMAN’S LIFE IS THREATENED BY A PHYSICAL DISORDER, PHYSICAL ILLNESS, OR
PHYSICAL INJURY, INCLUDING A LIFE-ENDANGERING PHYSICAL CONDITION CAUSED BY OR ARISING FROM THE
PREGNANCY ITSELF, BUT NOT INCLUDING PSYCHOLOGICAL OR EMOTIONAL CONDITIONS, SUCH AN ABORTION IS NOT
UNLAWFUL. IN SUCH A SITUATION, A PHYSICIAN MAY REASONABLY RELY UPON AN ASSESSMENT OF GESTATIONAL
AGE MADE BY ANOTHER PHYSICIAN INSTEAD OF ABIDING BY THE PROVISIONS OF 18-6-903 (2).
(4) PENALTIES. ANY PERSON WHO INTENTIONALLY OR RECKLESSLY PERFORMS OR PERFORMS OR ATTEMPTS TO
PERFORM AN ABORTION IN VIOLATION OF THIS PART 9 IS GUILTY OF A CLASS 1 MISDEMEANOR BUT MAY ONLY BE
SUBJECT TO PUNISHMENT BY FINE AND NOT BY JAIL TIME.
(5) NO CRIMINAL PENALTIES FOR WOMEN. A WOMAN ON WHOM AN ABORTION IS PERFORMED OR A PERSON WHO
FILLS A PRESCRIPTION OR PROVIDES EQUIPMENT USED IN AN ABORTION DOES NOT VIOLATE THIS PART 9 AND
CANNOT BE CHARGED WITH A CRIME IN CONNECTION THEREWITH.
SECTION 2. IN COLORADO REVISED STATUTES, 12-240-121, ADD (1)(nn) AS FOLLOWS:
12-240-121. Unprofessional conduct-definitions. (1) “Unprofessional conduct” as used in this Article
240 means:
(nn) A VIOLATION OF SECTION 18-6-903.
SECTION 3. IN COLORADO REVISED STATUTES, 12-240-125, ADD (9.5) AS FOLLOWS:
12-240-125. Disciplinary action by board – immunity – rules.
(8.5) IF THE BOARD FINDS A LICENSEE COMMITTED UNPROFESSIONAL CONDUCT IN VIOLATION OF SECTION 12-240-121
(1)(nn), THE BOARD SHALL SUSPEND THE LICENSEE’S LICENSE FOR AT LEAST THREE YEARS.