Colorado bill banning use of ‘excited delirium’ heads to governor’s desk

DENVER (KDVR) — The Colorado Senate voted Monday to pass legislation that would bar the term “excited delirium” from use by first responders, passing the bill to Governor Jared Polis for consideration.

The Senate vote came almost exactly a month after the Colorado House of Representatives passed the bill. If signed into Colorado law, it would bar the term “excited delirium” from being used in first responder training or incident reports, or from being listed as a cause of death on a death certificate.

Colorado House passes legislation barring use of ‘excited delirium’

The measure would also bar the terms “excited delirium syndrome,” “hyperactive delirium,” “agitated delirium” and “exhaustive mania.”

What is excited delirium?

According to the bill, excited delirium refers to a state of agitation in a person, including excitability, paranoia, extreme aggression, physical violence and apparent immunity to pain.

The term was used by first responders who were involved with the 2019 death of Elijah McClain, a 23-year-old Black man who died after he was forcibly detained and injected with ketamine, a sedative. In 2021, FOX31 Problem Solvers obtained some of McClain’s medical records that said he was “suffering from possible initial stages of excited delirium” and that’s why the paramedics injected McClain with the sedative.

Prominent medical organizations have urged professionals to not use the term, including the American Medical Association, the American College of Medical Toxicology, and the American College of Emergency Physicians. Some medical professionals say the term has been invoked in cases to justify injury or death to individuals in police custody and has been disproportionately applied to Black individuals in police custody.

“The term ‘excited delirium’ has historically been misused to justify excessive force from law enforcement and first responders, too often against Black Coloradans and people of color,” said Sen. Janet Buckner, a Democrat representing Aurora, in a release. “Banning the use of this controversial term is a small step that will have a much larger ripple effect of helping change the culture around dangerous first response practices.”

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The measure passed through the Senate with a vote of 23-12, with only Republicans voting against the bill. In the House, the measure passed 42-19, with mainly Republicans voting against the bill, but joined by a few notable Democrats, including Rep. Elisabeth Epps, who represents portions of Denver.

“Coloradans in crisis need a measured response focused on de-escalation, not an outdated and discredited ‘excited delirium’ diagnosis that ratchets up tension and increases the risk of dangerous repercussions,” said Sen. Julie Gonzales, a Democrat representing Denver, in a release. “I was glad to see the Colorado’s Peace Officers Standards and Training Board unanimously ban excited delirium training last fall. With this bill, we’re building on that progress by banning this dangerous term from all use by law enforcement, whether in training processes or on death certificates.”

The bill now heads to Governor Jared Polis’ desk. The Governor’s Office offered FOX31 a statement on Monday.

“The Governor appreciates the work of the sponsors, advocates and law enforcement on this policy, and while he and his team still need to conduct their final review of the legislation, he is currently inclined to sign the bill,” a spokesperson said.

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