(1) A health care provider commits misuse of gametes if the health care provider knowingly treats or assists in the treatment of a patient through assisted reproduction by using gametes from a donor that the patient did not expressly consent to the use of that donor's gametes.
(2) Misuse of gametes is a class 6 felony.
(3) As used in this section, unless the context otherwise requires:
(a) Assisted reproduction means a method of causing pregnancy through means other than by sexual intercourse. Assisted reproduction includes, but is not limited to:
(I) Intrauterine or intracervical insemination;
(II) Donation of eggs or sperm;
(III) Donation of embryos;
(IV) In vitro fertilization and embryo transfer; and
(V) Intracytoplasmic sperm injection.
(b) Donor means an individual who expressly provides consent to provide donated eggs, sperm, or embryos for a patient for assisted reproduction.
(c) Gametes means one or more cells containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. Sperm and eggs are gametes. A gamete may consist of nuclear DNA from one human being combined with the cytoplasm, including cytoplasmic DNA, of another human being.
(d) Health care provider means any individual who is authorized to practice some component of the healing arts by license, certificate, or registration pursuant to title 12.
Source: L. 2020: Entire section added, (HB 20-1014), ch. 238, p. 1155, � 3, effective September 14.
18-13-132. Furnishing kratom products to persons under twenty-one years of age - definition. (1) (a) A person shall not give, sell, distribute, dispense, or offer for sale a kratom product to any person who is under twenty-one years of age.
(b) Before giving, selling, distributing, dispensing, or offering to sell to an individual any kratom product, a person shall request from the individual and examine a government-issued photographic identification that establishes that the individual is twenty-one years of age or older.
(c) A person who violates subsection (1)(a) or (1)(b) of this section commits a civil infraction and, upon conviction thereof, shall be punished by a fine of two hundred dollars, notwithstanding the provisions of section 18-1.3-503.
(d) It is an affirmative defense to a prosecution under subsection (1)(a) of this section that the person furnishing the kratom product was presented with and reasonably relied upon a government-issued photographic identification that identified the individual receiving the kratom product as being twenty-one years of age or older.
(2) (a) Nothing in this section prohibits a statutory or home rule municipality, county, or city and county from enacting an ordinance or resolution that prohibits the sale of any kratom products to persons under twenty-one years of age or imposes requirements more stringent than provided in this section.
(b) A statutory or home rule municipality, county, or city and county shall not enact an ordinance or resolution that establishes a minimum age to purchase kratom products that is under twenty-one years of age.
(3) As used in this section, kratom product means any product or ingredient containing:
(a) Any part of the leaf of the Mitragyna speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine; or
(b) A synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.
Source: L. 2022: Entire section added, (SB 22-120), ch. 251, p. 1840, � 3, effective August 10. L. 2025: (3) amended, (SB 25-072), ch. 283, p. 1466, � 3, effective May 29.
Editor's note: Section 4 of chapter 283 (SB 25-072), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 29, 2025.
Cross references: (1) For the legislative declaration in SB 22-120, see section 1 of chapter 251, Session Laws of Colorado 2022.
(2) For the short title (Daniel Bregger Act) in SB 25-072, see section 1 of chapter 283, Session Laws of Colorado 2025.
18-13-133. Prohibition on prosecuting health-care providers - patient ingests abortifacient in another state. A licensed health-care provider shall not be prosecuted, investigated, or subjected to any penalty if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient was prescribed or administered consistent with accepted standards of practice under Colorado law and did not otherwise violate Colorado law.
Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 247, � 16, effective April 14.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.