Colorado State Supreme Court Issues Decision in Opt-Out Case

On June 1, the Colorado State Supreme Court issued its ruling in Colorado Medical Society v. Hickenlooper, litigation regarding Colorado’s status as an opt-out state. Based on procedure and not the merits of the case, the Colorado State Supreme Court sided with the appellate court and dismissed the lawsuit brought by the Colorado Medical Society and the Colorado Society of Anesthesiologists. In its ruling, the court explained procedurally how the Colorado Medical Society and the Colorado Society of Anesthesiologists could bring the case in the future. Very importantly, the ruling also overturned a lower court’s decision that Colorado nurse anesthetists may administer anesthesia without physician supervision.

In a press release, the Colorado Society of Anesthesiologists reported it was pleased with the ruling but cautioned their efforts on behalf of Colorado patients were far from being finished. Read the Colorado Society of Anesthesiologists press release.