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SENATE BILL 26-077
BY SENATOR(S) Jodeh, Amabile, Ball, Benavidez, Bright, Carson, Cutter,
Danielson, Daugherty, Exum, Frizell, Gonzales J., Hinrichsen, Kipp,
Kirkmeyer, Kolker, Lindstedt, Marchman, Mullica, Roberts, Rodriguez,
Simpson, Snyder, Sullivan, Wallace, Weissman, Coleman;
also REPRESENTATIVE(S) Gilchrist and Stewart K., Bacon, Boesenecker,
Brown, Camacho, Clifford, Duran, Feret, Froelich, Hamrick, Jackson,
Lieder, Lindsay, Marshall, Nguyen, Rutinel, Rydin, Stewart R., Story,
Titone, McCluskie.
CONCERNING EPILEPSY-RELATED MORTALITY AWARENESS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 60 to title
25 as follows:
ARTICLE 60
Epilepsy-related Mortalities and Awareness
25-60-101. Short title.
THE SHORT TITLE OF THIS ARTICLE 60 IS "LINCOLN'S LAW".
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
25-60-102. Legislative declaration.
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(a) EPILEPSY IS A BRAIN DISORDER THAT CAUSES RECURRING AND
UNPROVOKED SEIZURES AND AFFECTS PEOPLE OF ALL AGES , IMPACTING
APPROXIMATELY THREE MILLION ADULTS AND FOUR HUNDRED AND
FIFTY-SIX THOUSAND CHILDREN IN THE UNITED STATES;
(b) T HIRTY PERCENT OF PEOPLE WITH EPILEPSY LIVE WITH
UNCONTROLLED SEIZURES;
(c) P EOPLE WITH EPILEPSY HAVE A THREE TIMES HIGHER RISK OF
EARLY DEATH THAN THE GENERAL POPULATION , AND THAT RISK IS
INCREASED FOR THOSE WITH UNCONTROLLED SEIZURES;
(d) SUDDEN UNEXPECTED DEATH IN EPILEPSY CLAIMS THE LIVES OF
ONE OF EVERY ONE THOUSAND PEOPLE LIVING WITH EPILEPSY AND ONE OF
EVERY ONE HUNDRED FIFTY PEOPLE LIVING WITH EPILEPSY AND
UNCONTROLLED SEIZURES;
(e) ANNUALLY IN THE UNITED STATES, MORE THAN SIX THOUSAND
PEOPLE WITH EPILEPSY DIE FROM CAUSES LIKE SUDDEN UNEXPECTED DEATH
IN EPILEPSY, STATUS EPILEPTICUS, UNINTENTIONAL INJURIES, AND SUICIDE.
THIS STATISTIC UNDERESTIMATES THE NUMBER OF DEATHS CAUSED BY
EPILEPSY OR SUDDEN UNEXPECTED DEATH IN EPILEPSY , DUE TO POOR
RECOGNITION, INCOMPLETE DEATH RECORDS, AND MISATTRIBUTED CAUSES
OF MORTALITY.
(f) SUDDEN UNEXPECTED DEATH IN EPILEPSY IS THE MOST COMMON
CAUSE OF PREMATURE EPILEPSY-RELATED MORTALITY;
(g) S UDDEN UNEXPECTED DEATH IN EPILEPSY IS THE TERM USED
WHEN SOMEONE WITH EPILEPSY DIES WITHOUT WARNING , AND NO OTHER
CAUSE OF DEATH CAN BE FOUND;
(h) R ISK COUNSELING FOCUSED ON ALL CAUSES OF EPILEPSY
MORTALITY, INCLUDING SUDDEN UNEXPECTED DEATH IN EPILEPSY, CAN HELP
MITIGATE RISK AND PREVENT UNNECESSARY DEATHS . UNFORTUNATELY,
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THESE SERVICES ARE OFTEN UNAVAILABLE DUE TO A LACK OF AWARENESS
AND EDUCATION AND THE ABSENCE OF CONSISTENT REIMBURSEMENT FOR
POST-DIAGNOSIS EDUCATION AND CASE MANAGEMENT SERVICES.
(i) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO HELP MITIGATE
RISK AND PREVENT UNNECESSARY DEATHS BY INCREASING AWARENESS AND
EDUCATION CONCERNING SUDDEN UNEXPECTED DEATH IN EPILEPSY.
25-60-103. Definitions.
AS USED IN THIS ARTICLE 60, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(1) "D EATH CERTIFICATION PROFESSIONAL " MEANS A CORONER ,
MEDICAL EXAMINER , FORENSIC PATHOLOGIST , OR OTHER QUALIFIED
INDIVIDUAL WHO DETERMINES THE CAUSE OF DEATH AND COMPLETES THE
MEDICAL CERTIFICATION FOR A CERTIFICATE OF DEATH IN ACCORDANCE
WITH SECTION 25-2-110.
(2) "D EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT CREATED IN SECTION 25-1-102 (1).
25-60-104. Epilepsy-related mortality awareness and training.
(1) BEGINNING JULY 1, 2027, A DEATH CERTIFICATION PROFESSIONAL
SHALL ENSURE THAT THEY ARE AWARE OF THE MOST RECENT
EPILEPSY-RELATED DEATH CERTIFICATION RECOMMENDATIONS FROM A
NATIONALLY RECOGNIZED AND REPUTABLE ORGANIZATION ASSOCIATED
WITH THEIR RESPECTIVE MEDICAL PRACTICE FOCUS OR FROM THE NATIONAL
ASSOCIATION OF MEDICAL EXAMINERS.
(2) O N OR BEFORE JUNE 1, 2027, THE DEPARTMENT SHALL
ELECTRONICALLY NOTIFY ALL REGISTERED MEDICAL CERTIFIER USERS OF
THE COLORADO VITAL EVENTS SYSTEM OF THE REQUIREMENTS OF
SUBSECTION (1) OF THIS SECTION.
25-60-105. Sudden unexpected death in epilepsy - identification
- death certificates.
(1) IF A DEATH CERTIFICATION PROFESSIONAL DETERMINES THAT THE
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CAUSE OF AN INDIVIDUAL 'S DEATH IS CONSISTENT WITH KNOWN OR
SUSPECTED SUDDEN UNEXPECTED DEATH IN EPILEPSY , THE DEATH
CERTIFICATION PROFESSIONAL SHALL ENSURE THAT THE INDIVIDUAL'S DEATH
CERTIFICATE IDENTIFIES EPILEPSY AS A CONTRIBUTING CAUSE OR A
SUSPECTED CAUSE OF DEATH CONSISTENT WITH THE MOST RECENT
EPILEPSY-RELATED DEATH CERTIFICATION RECOMMENDATIONS FROM A
NATIONALLY RECOGNIZED AND REPUTABLE ORGANIZATION ASSOCIATED
WITH THE DEATH CERTIFICATION PROFESSIONAL'S MEDICAL PRACTICE FOCUS
OR FROM THE NATIONAL ASSOCIATION OF MEDICAL EXAMINERS.
(2) T HE DEPARTMENT MAY PROVIDE ONLINE GUIDELINES FOR
CLINICIANS AND MEDICAL CERTIFIERS FOR DEATH CERTIFICATES REGARDING
EPILEPSY-RELATED DEATHS , INCLUDING SUDDEN UNEXPECTED DEATH IN
EPILEPSY.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
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approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
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