top of page

February 13, 2024

House Approves Legislation to Bar the Use of “Excited Delirium”

DENVER, CO - The House today passed legislation to prohibit the term “excited delirium” from being used in law enforcement and other first responder training or incident reports, or listed as a cause of death on a death certificate. HB24-1103 passed by a vote of 42-19. 


“An excited delirium diagnosis has typically been made when someone is in the middle of a crisis, and the response has led to avoidable and unnecessary repercussions, and sometimes death,” said Rep. Judy Amabile, D-Boulder. “Medical professionals have spoken out about their skepticism of this term and making decisions based off a debunked diagnosis distracts us from solving the real issue at hand. Our legislation would ensure that we aren’t training law enforcement or emergency responders on excited delirium so we can focus on effective de-escalation responses.”


“Excited delirium has historically been used to justify excessive force against Black Coloradans and people of color while avoiding accountability for the harm caused,” said Rep. Leslie Herod, D-Denver. “By removing the term from law enforcement and first responder trainings, incident reports, and death certificates, we can hold people accountable for aggressive, and often lethal, interactions.”


HB24-1103 would prohibit the term “excited delirium” from being used in law enforcement and other first responder training or incident reports, or listed as a cause of death on a death certificate. The bill would also bar the terms “excited delirium syndrome”, “hyperactive delirium”, “agitated delirium”, and “exhaustive mania”.


Last year, a 9NEWS investigation tied more than 225 deaths across the U.S. to the use of the term, including the death of Elijah McClain in Colorado. His death in 2019 gained national attention when paramedics injected him with a lethal amount of ketamine after believing he exhibited “excited delirium.” The paramedics and a police officer involved in the incident have since been convicted of criminally negligent homicide.


In December 2023, the Peace Officer Standards and Training Board unanimously voted to remove the term “excited delirium” from training documents. Organizations like the American Medical Association, the National Association of Medical Examiners, and the American College of Emergency Physicians have spoken out against the term. California passed legislation last year to ban the term from being used on a law enforcement officer’s incident report, on a death certificate or autopsy report, and in testimony in civil court.


Rep. Herod also sponsored a 2021 law that prohibits law enforcement from compelling, directing, or influencing a paramedic to administer ketamine. The law set forth strict requirements before a paramedic can administer ketamine in a prehospital setting.

bottom of page