A New "Do Not Abort" Medical Directive? What HB26-1085 Means for Coloradans.

What This Bill Actually Does

We are all familiar with standard medical directives—things like "Do Not Resuscitate" (DNR) orders or naming a medical power of attorney. These documents tell doctors what to do when we can't speak for ourselves. HB26-1085 takes that concept and applies it specifically to pregnancy. Under this proposed legislation, any health-care provider treating a pregnant person would be legally required to offer them the option to complete a "Do Not Abort" form.

The exact language of the bill specifies that this form "expresses the person's wishes to not receive an abortion in the event the person is incapacitated or incapable of communicating." Imagine a worst-case scenario: a severe car accident or a catastrophic medical emergency like a coma where a pregnant patient's life is at risk, and standard medical protocol might suggest terminating the pregnancy to save the patient. This form serves as a pre-recorded veto of that protocol, ensuring the patient's personal, religious, or ethical preferences are legally documented and readily available to the trauma team.

By introducing C.R.S. 25-3-135 to the state statutes, the legislature is attempting to create a standardized, statewide medical protocol rather than leaving these policies up to individual hospitals or clinic networks. If a patient chooses to sign the document, the health-care provider is mandated to input the form directly into the patient's electronic medical record. This removes the burden of guesswork from grieving spouses or family members who might otherwise be forced to make agonizing decisions in the waiting room without knowing exactly what the patient would have wanted.

What It Means for You

If you are currently pregnant or planning to grow your family, this bill is going to change what your first few prenatal appointments look like. When you are filling out your intake paperwork, alongside questions about family medical history and allergies, you will be presented with a stark, formalized choice regarding emergency care. It provides peace of mind for those who hold strong convictions about carrying a pregnancy to term, ensuring your wishes are locked into your chart even if your primary doctor isn't the one treating you in the emergency room.

It is absolutely crucial to understand that signing this form is entirely voluntary. The mandate in this bill applies to the doctor, not the patient. You are under no obligation to fill it out. However, its presence on the clipboard means you and your partner will likely need to have some heavy, but necessary, conversations about emergency medical planning much earlier in the process. Interestingly, the bill text doesn't explicitly outline a formal revocation process if you change your mind later in the pregnancy, though standard medical directives can typically be updated at any time. If passed, this new paperwork requirement will show up in clinics by August 2026.

Here is what you should consider doing this week:

• Review your current directives: Check if your existing living will or medical power of attorney already includes specific clauses about pregnancy complications. Many standard forms do not.
• Talk to your family: Regardless of what happens with this bill, make sure your emergency contacts know your medical preferences.
• Reach out to lawmakers: If you feel strongly that this mandate should or shouldn't be part of standard maternal care, contact the House Health & Human Services Committee to share your perspective before their first public hearing.

What It Means for Your Business

If you operate within Colorado's healthcare ecosystem, HB26-1085 is going to require a permanent shift in your compliance and patient onboarding workflows. This isn't just for specialized OB-GYN practices. The bill broadly applies to a "pregnant person's health-care provider." That means urgent care clinics, emergency rooms, family practitioners, and hospital intake teams need to be prepared to identify pregnant patients and affirmatively offer this specific document.

Operationally, your facility will need to update its Electronic Medical Records (EMR) systems. You won't just need to generate and offer the physical or digital form; your system must be capable of permanently attaching it to the patient's medical record in a way that is immediately visible to an emergency trauma team. While the bill itself doesn't outline financial penalties for failing to offer the form, healthcare administrators know that failing to follow a statutory mandate opens the door to regulatory headaches and potential malpractice liabilities if an abortion is performed on an incapacitated patient who was never offered the document. The Department of Regulatory Agencies (DORA) and the Department of Public Health and Environment (CDPHE) will be handling the outreach, so expect new compliance guidelines to hit your desk soon.

Here are a few concrete steps healthcare managers should take right now:

• Consult your EMR vendor: Start the conversation with your software provider (like Epic or Cerner) about how to implement a mandatory prompt for pregnant patients and create a highly visible emergency flag for this specific directive.
• Audit your intake flow: Sit down with your front-desk and nursing staff to figure out the most compassionate, efficient way to integrate a high-stakes emergency directive into standard pregnancy intake.
• Monitor the CDPHE rulemaking process: Keep an eye out for standard templates the state might provide so your legal and compliance teams don't have to draft this form from scratch.

Follow the Money

From a taxpayer perspective, this bill is incredibly inexpensive. According to the nonpartisan fiscal note published on February 6, 2026, the legislation requires $0 in new state appropriations. The financial heavy lifting falls on existing state agencies. DORA and CDPHE will experience a "minimal workload" increase to conduct outreach and educate medical professionals about the new requirement. Additionally, the Department of Law (the Attorney General's office) may need to provide legal services to draft the specific rules and ensure the form complies with existing healthcare statutes, but all of this can be absorbed within current state budgets.

The fiscal analysts did explore whether this bill would impact the state's Medicaid budget through the Department of Health Care Policy and Financing (HCPF). In theory, if this form results in fewer emergency abortions and more full-term labor and deliveries—which are generally more expensive medical events—Medicaid costs could shift. However, state analysts concluded that most pregnant individuals already make and communicate these profound medical decisions with their families and doctors. Therefore, any actual financial ripple effect on taxpayer-funded health programs is expected to be statistically negligible.

Where This Bill Stands

HB26-1085 was introduced by Representative Rebecca Keltie on February 2, 2026. It has been assigned to the House Health & Human Services Committee, which is its first major legislative hurdle. Right now, it is waiting for a spot on the calendar for a public committee hearing. This is the critical phase where doctors, hospital administrators, patient advocates, and everyday Coloradans will have the opportunity to testify on the record about how this policy would impact maternal care.

Bills that touch on reproductive healthcare, abortion, or maternal medical directives are historically subject to intense scrutiny at the Capitol. While this bill is technically framed around patient autonomy and advance medical directives, it will undoubtedly draw passionate debate from various advocacy and medical groups. If it successfully navigates the committee process, passes the full House, and makes it through the Senate, it is slated to become law in August 2026 (specifically, 90 days after the legislative session ends, assuming no citizen referendum petition is filed to pause it).