Colorado Revised Statutes Title 27 is the overarching behavioral health title for the state, encompassing statutes governing mental health commitment and treatment (Art. 65), the Behavioral Health Administration and facility licensure (Art. 50), substance use disorder education and treatment (Arts. 80–81), mental health residential facilities (Art. 71), crisis and community behavioral health systems (Arts. 63–64), and care and treatment of persons with intellectual and developmental disabilities including regional centers and HCBS services (Art. 10.5). Facility operators must comply with the applicable article's licensing standards, service delivery requirements, rights protections, and rules promulgated by the Behavioral Health Administration or Department of Human Services. The title is a statutory framework rather than a single operational rule, so compliance obligations vary by article and facility type.
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TITLE 27
BEHA VIORAL HEALTH
DEPARTMENT OF HUMAN SERVICES
Art. 1. Department of Human Services (Repealed).
Art. 2. General Administrative Provisions (Repealed).
MENTAL HEALTH
General Provisions
Art. 9. Commitment and General Provisions (Repealed).
Art. 10. Care and Treatment of Persons with Mental Illness (Repealed).
Art. 10.3. Child Mental Health Treatment Act (Repealed).
Art. 10.5. Care and Treatment of Persons with Intellectual and Developmental Disabilities,
27-10.5-102 to 27-10.5-902.
Art. 11. Community Centers - Mentally Retarded and Handicapped (Repealed).
Art. 12. Charges for Patients (Repealed).
Institutions
Art. 13. Colorado Mental Health Institute at Pueblo (Repealed).
Art. 14. Homes for Mental Defectives (Repealed).
Art. 15. Colorado Mental Health Institute at Fort Logan (Repealed).
Art. 16. Western Regional Mental Health Center (Repealed).
CORRECTIONS
Art. 20. Penitentiary (Repealed).
Art. 21. Women's Correctional Institution (Repealed).
Art. 22. Reformatory (Repealed).
Art. 23. Mentally Ill or Retarded Convicts - Transfer (Repealed).
Art. 24. Convict Labor and Goods (Repealed).
Art. 25. Correctional Industries (Repealed).
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Art. 26. Jails (Repealed).
Art. 27. Community Correctional Facilities and Programs (Repealed).
Art. 28. Restitution to Victims of Crime (Repealed).
OTHER INSTITUTIONS
Art. 35. School for the Deaf and the Blind (Repealed).
COLORADO DIAGNOSTIC PROGRAM
Art. 40. Colorado Diagnostic Program (Repealed).
BEHA VIORAL HEALTH
Art. 50. Behavioral Health Administration, 27-50-101 to 27-50-1008.
Art. 60. General Provisions, 27-60-100.3 to 27-60-506.
Art. 61. Behavioral Health Transformation Council (Repealed).
Art. 62. High-fidelity Wraparound Services for Children and Youth, 27-62-101 to 27-62-
103.
Art. 63. Community Behavioral Health Safety Net System, 27-63-101 to 27-63-106.
Art. 64. 988 Crisis Hotline Enterprise, 27-64-101 to 27-64-105.
Art. 64.5. System of Care for Children and Youth with Complex Behavioral Health Needs,
27-64.5-101 to 27-64.5-102.
MENTAL HEALTH AND MENTAL HEALTH DISORDERS
Art. 65. Care and Treatment of Persons with Mental Health Disorders, 27-65-101 to 27-
65-202.
Art. 65.5. Eating Disorder Treatment and Recovery Facilities, 27-65.5-101.
Art. 66. Community Mental Health Services - Purchase, 27-66-101 to 27-66-110.
Art. 66.5. Community Transition Specialist Program, 27-66.5-101 to 27-66.5-105.
Art. 67. Children and Youth Mental Health Treatment Act, 27-67-101 to 27-67-109.
Art. 68. Mental Health Services Pilot Program for Families of Discharged Veterans of
Operation Enduring Freedom and Operation Iraqi Freedom (Repealed).
Art. 69. Family Advocacy Mental Health Juvenile Justice Programs (Repealed).
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Art. 70. Medication Consistency for Individuals with Behavioral or Mental Health
Disorders in the Criminal and Juvenile Justice Systems, 27-70-101 to 27-70-
103.
Art. 71. Mental Health Residential Facility, 27-71-101 to 27-71-105.
ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE
DISORDERS
Art. 80. Alcohol and Substance Use - Alcohol and Substance Use Disorders, 27-80-101 to
27-80-306.
Art. 81. Substance Use Disorders Education, Prevention, and Treatment, 27-81-101 to 27-
81-118.
Art. 82. Maternal and Child Health Pilot Program, 27-82-201 to 27-82-204.
INSTITUTIONS
Art. 90. Institutions - Department of Human Services, 27-90-100.3 to 27-90-112.
Art. 91. Institutions - General Administrative Provisions, 27-91-101 to 27-91-109.
Art. 92. Institutions - Charges for Patients, 27-92-101 to 27-92-109.
Art. 93. Colorado Mental Health Institute at Pueblo, 27-93-101 to 27-93-106.
Art. 94. Colorado Mental Health Institute at Fort Logan, 27-94-101 to 27-94-108.
DEPARTMENT OF HUMAN SERVICES
ARTICLE 1
Department of Human Services
27-1-101 to 27-1-306. (Repealed)
Source: L. 2010: Entire article repealed, (SB 10-175), ch. 188, p. 675, § 1, effective April 29.
Editor's note: This article was numbered as article 11 of chapter 3, C.R.S. 1963. For
amendments to this article prior to its repeal in 2010, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions
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of this article were relocated to articles 66, 68, and 90 of this title. For the location of specific
provisions, see the editor's notes following each section in said articles that were relocated and
the comparative tables located in the back of the index.
ARTICLE 2
General Administrative Provisions
27-2-101 to 27-2-110. (Repealed)
Source: L. 2010: Entire article repealed, (SB 10-175), ch. 188, p. 675, § 1, effective April 29.
Editor's note: This article was numbered as article 3 of chapter 130, C.R.S. 1963. For
amendments to this article prior to its repeal in 2010, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions
of this article were relocated to article 91 of this title. For the location of specific provisions, see
the editor's notes following each section in said article and the comparative tables located in the
back of the index.
MENTAL HEALTH
General Provisions
ARTICLE 9
Commitment and General Provisions
27-9-101 to 27-9-133. (Repealed)
Editor's note: (1) This article was numbered as article 1 of chapter 71, C.R.S. 1963. This
article was repealed on revision as obsolete, effective July 1, 1975. For pertinent information
concerning this article, see (2) of this note.
(2) The article was repealed and reenacted in 1973 with an effective date of July 1, 1974. (See
L. 73, p. 819.) Section 3 of chapter 67, Session Laws of Colorado 1974, changed the effective
date of the repeal and reenactment from July 1, 1974, to July 1, 1975. (See L. 74, p. 287.) In
compiling C.R.S. 1973, which was not available until 1974, two versions were printed. Article 1
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of chapter 71, C.R.S. 1963, was reorganized and renumbered as article 9 of title 27 in the
compilation of C.R.S. 1973 and contained the original version of article 1 of chapter 71 found in
C.R.S. 1963 in effect until July 1, 1975. The repealed and reenacted version of article 1 of
chapter 71, C.R.S. 1963, effective July 1, 1975, was renumbered as article 10 in the compilation
of C.R.S. 1973 and replaced article 9. (For the version of article 1 of chapter 71 in effect until
July 1, 1975, see article 9 of title 27 in the original volume of C.R.S. 1973, pages 381 through
398.) For a detailed comparison of the former article 9 prior to its repeal by revision in 1975, see
the comparative tables located in the back of the index.
Cross references: For current provisions concerning care and treatment of persons with
mental illness, see article 65 of this title.
ARTICLE 10
Care and Treatment of Persons with Mental Illness
27-10-101 to 27-10-129. (Repealed)
Source: L. 2010: Entire article repealed, (SB 10-175), ch. 188, p. 675, § 1, effective April 29.
Editor's note: This article was numbered as article 1 of chapter 71, C.R.S. 1963. This article
replaced article 9 of this title, effective July 1, 1975. For amendments to this article prior to its
repeal in 2010, consult the Colorado statutory research explanatory note and the table itemizing
the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on
page vii in the front of this volume and the editor's note following the repeal of article 9 of this
title. (For the version of article 1 of chapter 71 in effect July 1, 1975, see article 10 of title 27 in
the original volume of C.R.S. 1973, pages 399 through 414.) The provisions of this article were
relocated to article 65 of this title. For the location of specific provisions, see the editor's notes
following each section in said article and the comparative tables located in the back of the index.
ARTICLE 10.3
Child Mental Health Treatment Act
27-10.3-101 to 27-10.3-108. (Repealed)
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Source: L. 2010: Entire article repealed, (SB 10-175), ch. 188, p. 675, § 1, effective April 29.
Editor's note: This article was added in 1999. For amendments to this article prior to its
repeal in 2010, consult the Colorado statutory research explanatory note beginning on page vii in
the front of this volume. The provisions of this article were relocated to article 67 of this title.
For the location of specific provisions, see the editor's notes following each section in said article
and the comparative tables located in the back of the index.
ARTICLE 10.5
Care and Treatment of Persons with Intellectual and Developmental
Disabilities
PART 1
RIGHTS OF PERSONS WITH
INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES
27-10.5-101. Legislative declaration -
repeal. (Repealed)
27-10.5-102. Definitions.
27-10.5-103. Duties of the executive
director - rules -
definitions.
27-10.5-103.5. Community centered boards
and service agencies -
local public procurement
units - repeal. (Repealed)
27-10.5-104. Authorized services and
supports - conditions of
funding - purchase of
services and supports -
boards of county
commissioners -
appropriation.
27-10.5-104.2. Services and supports -
waiting list reduction -
cash fund - repeal.
(Repealed)
27-10.5-104.5. Case management agencies
when acting as a service
agency - money - rules.
27-10.5-105. Case management agencies -
purchase of services and
supports.
27-10.5-105.5. Revocation of designation -
repeal. (Repealed)
27-10.5-106. Eligibility determination.
27-10.5-107. Procedure for resolving
disputes over eligibility,
modification of services
or supports, and
termination of services or
supports.
27-10.5-108. Discharge.
27-10.5-109. Community residential home
- licenses - rules - repeal.
(Repealed)
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27-10.5-109.5. Compliance with local
government zoning
regulations - notice to
local governments -
provisional licensure -
repeal. (Repealed)
27-10.5-110. Imposition of legal disability
- removal of legal right.
27-10.5-110.5. Rights of persons with
intellectual and
developmental
disabilities.
27-10.5-111. Conduct of court proceedings
- repeal. (Repealed)
27-10.5-112. Individuals' rights - repeal.
(Repealed)
27-10.5-113. Right to individualized plan
or individualized family
service plan - repeal.
(Repealed)
27-10.5-114. Right to medical care and
treatment - repeal.
(Repealed)
27-10.5-115. Right to humane care and
treatment - repeal.
(Repealed)
27-10.5-116. Right to religious belief,
practice, and worship -
repeal. (Repealed)
27-10.5-117. Rights to communications
and visits - repeal.
(Repealed)
27-10.5-118. Right to fair employment
practices - repeal.
(Repealed)
27-10.5-119. Right to vote - repeal.
(Repealed)
27-10.5-120. Records and confidentiality
of information pertaining
to eligible persons or their
families - repeal.
(Repealed)
27-10.5-121. Right to personal property -
repeal. (Repealed)
27-10.5-122. Right to influence policy -
repeal. (Repealed)
27-10.5-123. Right to notification - repeal.
(Repealed)
27-10.5-124. Discrimination - repeal.
(Repealed)
27-10.5-125. Transfer of residents.
(Repealed)
27-10.5-126. Return of residents.
(Repealed)
27-10.5-127. Restoration of rights.
(Repealed)
27-10.5-128. Sterilization rights - repeal.
(Repealed)
27-10.5-129. Competency to give consent
to sterilization - repeal.
(Repealed)
27-10.5-130. Court-ordered sterilization -
repeal. (Repealed)
27-10.5-131. Confidentiality of
sterilization proceedings -
repeal. (Repealed)
27-10.5-132. Limitations on sterilization -
repeal. (Repealed)
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27-10.5-133. Group homes for the
developmentally disabled.
(Repealed)
27-10.5-134. Civil action and attorney fees
- repeal. (Repealed)
27-10.5-135. Terminology - repeal.
(Repealed)
27-10.5-136. Adjudication of competency.
(Repealed)
27-10.5-137. Federal funds - repeal.
(Repealed)
27-10.5-138. Service provision system
evaluation. (Repealed)
27-10.5-139. Evaluations to determine
whether a defendant is
mentally retarded for
purposes of class 1 felony
trials - repeal. (Repealed)
27-10.5-140. Child find - responsibilities -
interagency operating
agreements - rules.
(Repealed)
27-10.5-141. Retaliation prohibited -
repeal. (Repealed)
27-10.5-142. Caregiver abuse - duties of
the department - working
group - issues - report -
funding - repeal.
(Repealed)
27-10.5-143. Caregiver abuse - task force -
repeal. (Repealed)
PART 2
STATE COUNCIL ON
DEVELOPMENTAL DISABILITIES
27-10.5-201. Legislative declaration.
27-10.5-202. Definitions.
27-10.5-203. Establishment of state
council.
27-10.5-204. Development of the state
plan.
27-10.5-205. Powers and duties.
27-10.5-206. State council employees.
27-10.5-207. Cooperation of departments.
27-10.5-208. Service provision system
evaluation. (Repealed)
PART 3
REGIONAL CENTERS
27-10.5-301. Regional centers for persons
with developmental
disabilities.
27-10.5-302. Directors.
27-10.5-303. Annual reports - publications.
27-10.5-304. Admissions.
27-10.5-305. Endowment fund.
27-10.5-306. Gifts - receipt and
disposition.
27-10.5-307. Expenditures.
27-10.5-308. Buildings - Pueblo.
(Repealed)
27-10.5-309. Lease of property at regional
center - regional center
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enterprise fund - creation.
(Repealed)
27-10.5-310. Regional centers task force -
creation - members -
recommendations -
utilization study -
reporting - repeal.
(Repealed)
27-10.5-311. Regional centers - waiver
beds - prohibition on
closure or sale - repeal.
(Repealed)
27-10.5-312. Grand Junction regional
center campus - vacating
and sale or transfer -
legislative declaration -
definition - repeal.
(Repealed)
27-10.5-313. Regional center - employees -
adult protective services
data system check.
27-10.5-314. Former Teller institute
property.
PART 4
FAMILY SUPPORT SERVICES
27-10.5-401 to
27-10.5-408. (Repealed)
PART 5
COLORADO FAMILY SUPPORT LOAN
FUND
27-10.5-501 to
27-10.5-504. (Repealed)
PART 6
STUDY OF SELF-SUFFICIENCY
TRUSTS
27-10.5-601. (Repealed)
PART 7
COORDINATED SYSTEM OF PAYMENT
FOR EARLY INTERVENTION SERVICES
FOR INFANTS AND TODDLERS
27-10.5-701 to
27-10.5-710. (Repealed)
PART 8
OUTCOME-BASED SUPPORTED
EMPLOYMENT SYSTEM FOR
INTEGRATED EMPLOYMENT
SERVICES FOR PERSONS WITH
DISABILITIES, INCLUDING
DEVELOPMENTAL DISABILITIES
27-10.5-801. (Repealed)
PART 9
STATE EMPLOYMENT OF PERSONS
WITH DEVELOPMENTAL
DISABILITIES
27-10.5-901. Legislative declaration.
27-10.5-901.5. Definitions.
27-10.5-902. State employment program
for persons with
developmental disabilities
- creation - rules.
PART 10
GENERAL PROVISIONS
27-10.5-1001. (Repealed)
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PART 1
RIGHTS OF PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL
DISABILITIES
27-10.5-101. Legislative declaration - repeal. (Repealed)
Source: L. 75: Entire article added, p. 906, § 1, effective July 1. L. 85: Entire section
amended, p. 983, § 1, effective July 1. L. 92: Entire section amended, p. 1350, § 1, effective July
1. L. 2013: (2) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-201 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-102. Definitions.
As used in this article 10.5, unless the context otherwise requires:
(1) "Authorized representative" has the same meaning as set forth in section 25.5 -10-202,
C.R.S.
(1.5) "Case management agency" has the same meaning as set forth in section 25.5 -6-1702
(2).
(2) "Case management services" has the same meaning as set forth in section 25.5 -10-202,
C.R.S.
(2.3) "Case manager" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(2.5) (Deleted by amendment, L. 2008, p. 1442, § 1, effective August 5, 2008.)
(3) Repealed.
(4) (Deleted by amendment, L. 2013.)
(5) "Consent" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(6) "Contribution" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(7) "Court" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(7.5) "Defined service area" has the same meaning as set forth in section 25.5-6-1702 (7).
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(8) "Department" means the department of human services.
(9) Repealed.
(10) "Developmental disabilities professional" has the same meaning as "intellectual and
developmental disabilities professional" as set forth in subsection (21.5) of this section.
(11) (a) "Developmental disability" has the same meaning as "intellectual and developmental
disability" as set forth in section 25.5-10-202, C.R.S.
(b) "Person with a developmental disability" has the same meaning as "person with an
intellectual and developmental disability" as set forth in section 25.5-10-202, C.R.S.
(c) "Child with a developmental delay" means:
(I) A person less than five years of age with delayed development as defined by the
department; or
(II) A person less than five years of age who is at risk of having a developmental disability as
defined by the department.
(12) "Early intervention services and supports" means services described in and provided
pursuant to part 4 of article 3 of title 26.5, including education, training, and assistance in child
development, parent education, therapies, and other activities for infants and toddlers and their
families that are designed to meet the developmental needs of infants and toddlers including, but
not limited to, cognition, speech, communication, physical, motor, vision, hearing, social -
emotional, and self-help skills.
(13) "Eligible for supports and services" refers to any person with an intellectual and
developmental disability or delay as determined eligible by the case management agency,
pursuant to section 27-10.5-106.
(13.5) (Deleted by amendment, L. 2008, p. 1442, § 1, effective August 5, 2008.)
(13.7) "Enrolled" means that a person with an intellectual and developmental disability who
is eligible for supports and services has been authorized, as defined by rules promulgated by the
department, to participate in a program funded pursuant to this article.
(14) "Executive director" means the executive director of the department of human services.
(15) "Family" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(15.5) (Deleted by amendment, L. 2013.)
(16) "Gastrostomy tube" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(17) "Human rights committee" has the same meaning as set forth in section 25.5 -10-202,
C.R.S.
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(17.5) Repealed.
(18) "Inclusion" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(19) (Deleted by amendment, L. 2012.)
(19.5) "Individualized family service plan" or "IFSP" means a written plan developed
pursuant to 20 U.S.C. sec. 1436 and 34 CFR 303.340 that authorizes the provision of early
intervention services to an eligible child and the child's family. An IFSP shall serve as the
individualized plan, pursuant to paragraph (c) of subsection (20) of this section, for a child from
birth through two years of age.
(20) (a) "Individualized plan" means a written plan designed by an interdisciplinary team for
the purpose of identifying:
(I) The needs and preferences of the person or family receiving services;
(II) The specific services and supports appropriate to meet those needs and preferences;
(III) The projected date for initiation of services and supports; and
(IV) The anticipated outcomes to be achieved by receiving the services and supports.
(b) Every individualized plan must include a statement of agreement with the plan, signed by
the person receiving services or other such person legally authorized to sign on behalf of the
person and a representative of the case management agency.
(c) Any other service or support plan, designated by the department, that meets all of the
requirements of an individualized plan will be considered to be an individualized plan pursuant
to this article.
(d) (Deleted by amendment, L. 2013.)
(21) "Infants and toddlers" means a child with a developmental delay from birth through two
years of age.
(21.5) "Intellectual and developmental disabilities professional" means a person who has
professional training and experience in the intellectual and developmental disabilities field, as
defined by the department.
(22) "Interdependence" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(23) "Interdisciplinary team" has the same meaning as set forth in section 25.5 -10-202,
C.R.S.
(24) "Least restrictive environment" has the same meaning as set forth in section 25.5 -10-
202, C.R.S.
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(25) "Person receiving services" means a person with an intellectual and developmental
disability who is enrolled in a program funded pursuant to this article.
(25.5) "Program" means a specific group of services or supports as defined by rules
promulgated by the department and for which funding is available pursuant to this article to a
person with an intellectual and developmental disability who is eligible for supports and services.
(26) Repealed.
(27) "Regional center" means a facility or program operated directly by the department that
provides services and supports to persons with intellectual and developmental disabilities.
(28) "Service agency" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(29) "Service and support coordination" means planning, locating, facilitating access to,
coordinating, and reviewing all aspects of needed and preferred services, supports, and resources
that are provided in cooperation with the person receiving services, the person's family, as
appropriate, the family of a child with a developmental delay, and the involved public or private
agencies. Planning includes the development or review of an existing individualized plan.
"Service and support coordination" also includes the reassessment of the needs and preferences
of the person receiving services or the needs and preferences of the family of the person, with
maximum participation of the person receiving services and the person's parents, guardian, or
authorized representative, as appropriate.
(30) "Services and supports" means one or more of the following: Education, training,
therapies, identification of natural supports, and other activities provided to:
(a) Enable persons with intellectual and developmental disabilities to make responsible
choices, exert greater control over their lives, experience presence and inclusion in their
communities, develop their competencies and talents, maintain relationships, foster a sense of
belonging, and experience personal security and self-respect; and
(b) (Deleted by amendment, L. 2022.)
(c) Enable families who choose or desire to maintain a family member with an intellectual
and developmental disability at home to obtain support and to enjoy a typical lifestyle.
(31) "Sterilization" has the same meaning as set forth in section 25.5-10-202, C.R.S.
(32) (Deleted by amendment, L. 2013.)
Source: L. 75: Entire article added, p. 906, § 1, effective July 1. L. 76: (4)(a) amended, p.
671, § 1, effective May 20. L. 85: Entire section R&RE, p. 984, § 2, effective July 1. L. 88:
(6)(b) amended, p. 1082, § 1, effective April 9. L. 91: (13.5) added, p. 1163, § 4, effective March
29. L. 92: Entire section R&RE, p. 1351, § 2, effective July 1. L. 93: (11)(a) amended, p. 1668, §
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81, effective July 1; (8) and (14) amended, p. 1162, § 132, effective July 1, 1994. L. 2001: (4)
amended, p. 106, § 4, effective March 21. L. 2002: (11)(a) amended, p. 1024, § 47, effective
June 1. L. 2004: (20)(d) added, p. 480, § 1, effective August 4. L. 2007: (2.5), (13.5), and (17.5)
added, p. 1559, § 5, effective May 31. L. 2008: (15.5) added and (24) amended, p. 2179, § 1,
effective June 5; entire section amended, p. 1442, § 1, effective August 5; (2.3) and (32) added,
p. 2206, § 1, effective August 5. L. 2009: (15.5) amended, (SB 09 -044), ch. 57, p. 208, § 9,
effective March 25. L. 2010: (13.7) and (25.5) added and (25) and (32) amended, (HB 10- 1213),
ch. 220, p. 960, § 1, effective May 10; (26) repealed, (SB 10-208), ch. 314, p. 1472, § 1, effective
May 27. L. 2013: Entire section amended, (HB 13 -1314), ch. 323, p. 1786, § 2, effective March
1, 2014. L. 2021: IP, (13), and (20)(b) amended and (1.5) and (7.5) added, (HB 21-1187), ch. 83,
p. 348, § 56, effective July 1, 2024; (3)(b) and (9)(b) added by revision, (HB 21 -1187), ch. 83,
pp. 348, 354, §§ 56, 70. L. 2022: (12) and (30) amended and (17.5) repealed, (HB 22 -1295), ch.
123, p. 860, § 109, effective July 1.
Editor's note: (1) Amendments to this section by House Bill 08-1031, Senate Bill 08-002, and
House Bill 08-1366 were harmonized.
(2) Subsection (19.5) was originally numbered as (20.5) in House Bill 08 -1366 but has been
renumbered on revision for ease of location.
(3) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2024. (See L.
2021, pp. 348, 354.)
(4) Subsection (9)(b) provided for the repeal of subsection (9), effective July 1, 2024. (See L.
2021, pp. 348, 354.)
Cross references: For the legislative declaration contained in the 1993 act amending
subsections (8) and (14), see section 1 of chapter 230, Session Laws of Colorado 1993.
ANNOTATION
Law reviews. For article, "Group Home
Regulations Under State and Federal Law",
see 35 Colo. Law. 37 (Feb. 2006).
Adoption of section permitting
developmentally disabled persons to live
in group homes reflects legislative intent
to assist such persons to live in normal
residential surroundings. Double D Manor
v. Evergreen Meadows, 773 P.2d 1046
(Colo. 1989).
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27-10.5-103. Duties of the executive director - rules - definitions.
(1) In order to implement the provisions of this article 10.5, the executive director shall carry
out the following duties, subject to available appropriations:
(a) Promote effective coordination with agencies serving persons with intellectual and
developmental disabilities in order to improve continuity of services and supports for persons
facing life transitions from toddler to preschool, school to adult life, and work to retirement;
(b) Repealed.
(c) Operate regional centers pursuant to part 3 of this article; and
(d) Facilitate employment first policies and practices by:
(I) Providing department input and assistance to the employment first advisory partnership
established in part 3 of article 84 of title 8, C.R.S., in carrying out its duties; and
(II) Presenting the reports and recommendations of the employment first advisory
partnership to the department's legislative committee of reference pursuant to section 8 -84-303
(7), C.R.S.
(2) In accordance with section 24 -4-103, and in coordination with the requirements of article
10 of title 25.5, the department shall adopt such rules as are necessary to carry out the provisions
and purposes of this article 10.5, including but not limited to the following:
(a) Standards for services and supports, including preparation of individualized plans;
(b) Purchase of services and supports and financial administration;
(c) Procedures for resolving disputes over eligibility determination and the modification,
denial, or termination of services;
(d) Procedures for admission to programs contained in this article;
(e) Systems of quality assurance and data collection;
(f) The rights of a person receiving services;
(g) Confidentiality of records of a person receiving services;
(h) Designation of authorized representatives and delineation of their rights and duties
pursuant to this article;
(i) (I) The establishment of guidelines and procedures for authorization of persons for
administration of nutrition and fluids through gastrostomy tubes.
(II) The department shall require that a service agency providing residential or day program
services or supports have a staff member qualified pursuant to subparagraph (III) of this
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paragraph (i) on duty at any time the facility administers said nutrition and fluids through
gastrostomy tubes, and that the facility maintain a written record of each nutrient or fluid
administered to each person receiving services, including the time and the amount of the nutrient
or fluid.
(III) A person who is not otherwise authorized by law to administer nutrition and fluids
through gastrostomy tubes is allowed to perform the duties only under the supervision of a
licensed nurse, a licensed certified midwife, or a licensed physician. A person who administers
nutrition and fluids in compliance with this subsection (2)(i) is exempt from the licensing
requirements of the "Colorado Medical Practice Act", article 240 of title 12, and the "Nurse and
Nurse Aide Practice Act", article 255 of title 12. Nothing in this subsection (2)(i) shall be deemed
to authorize the administration of medications through gastrostomy tubes. A person
administering medications through gastrostomy tubes is subject to the requirements of part 3 of
article 1.5 of title 25.
(IV) As used in this subsection (2)(i):
(A) "Administration" means assisting a person in the ingestion of nutrition or fluids
according to the direction and supervision of a licensed nurse, a licensed certified midwife, or a
licensed physician.
(B) "Certified midwife" has the same meaning as set forth in section 12-255-104 (3.2).
(j) Repealed.
Source: L. 75: Entire article added, p. 908, § 1, effective July 1. L. 79: (4)(b) amended, p.
1640, § 47, effective July 19. L. 85: Entire section R&RE, p. 987, § 3, effective July 1. L. 88:
(2)(j) repealed and (3) amended, pp. 1083, 1082, §§ 9, 2, effective April 9. L. 91: (2)(k) added, p.
1164, § 6, effective March 29; (1)(f) amended, p. 1859, § 22, effective April 11. L. 92: (2)(k)(V)
repealed, p. 2011, § 5, effective June 2; entire section amended, p. 1357, § 3, effective July 1. L.
93: (1)(f) amended, p. 1162, § 133, effective July 1, 1994; (1)(f) repealed, p. 1121, § 32, effective
July 1, 1994. L. 94: (1)(f) RC&RE, p. 2613, § 18, effective July 1. L. 2003: IP(2) and (2)(k)(III)
amended, p. 714, § 54, effective July 1. L. 2006: (1)(f) amended, p. 2021, § 112, effective July 1.
L. 2007: Entire section amended, p. 1559, § 6, effective May 31. L. 2008: (1)(h) and (2)(l)
amended, p. 1448, § 2, effective August 5. L. 2009: IP(2) amended, (SB 09-044), ch. 57, p. 208,
§ 10, effective March 25. L. 2010: (2)(e) amended, (SB 10-208), ch. 314, p. 1472, § 2, effective
May 27. L. 2013: Entire section R&RE, (HB 13-1314), ch. 323, p. 1792, § 3, effective March 1,
2014. L. 2016: (1)(b) and (1)(c) amended a nd (1)(d) added, (SB 16 -077), ch. 360, p. 1507, § 8,
effective July 1. L. 2019: IP(2) and (2)(i)(III) amended, (HB 19 -1172), ch. 136, p. 1712, § 197,
effective October 1. L. 2020: (2)(i)(III) amended, (HB 20-1183), ch. 157, p. 704, § 65, effective
July 1. L. 2021: IP(1) and (1)(b) amended, (SB 21 -275), ch. 393, p. 2613, § 6, effective July 1,
2022. L. 2022: (1)(b) and (2)(j) repealed, (HB 22 -1295), ch. 123, p. 861, § 110, effective July 1.
Colorado Revised Statutes 2026
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L. 2023: (2)(i)(III) and (2)(i)(IV) amended, (SB 23 -167), ch. 261, p. 1550, § 64, effective May
25.
Editor's note: Amendments to this section by Senate Bill 92-096 and Senate Bill 92-133 were
harmonized.
Cross references: For the legislative declaration contained in the 1993 act repealing
subsection (1)(f), see section 1 of chapter 230, Session Laws of Colorado 1993. For the
legislative declaration contained in the 1994 act recreating and reenacting subsection (1)(f), see
section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB
16-077, see section 1 of chapter 360, Session Laws of Colorado 2016.
27-10.5-103.5. Community centered boards and service agencies - local public
procurement units - repeal. (Repealed)
Source: L. 92: Entire section added, p. 1077, § 3, effective July 1. L. 96: Entire section
amended, p. 1476, § 37, effective June 1. L. 2013: (2) added by revision, (HB 13-1314), ch. 323,
pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-205 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-104. Authorized services and supports - conditions of funding - purchase of
services and supports - boards of county commissioners - appropriation.
(1) Subject to annual appropriations by the general assembly, the department shall provide or
purchase, pursuant to subsection (4) of this section, authorized long -term services and supports
from case management agencies or service agencies for persons who have been determined to be
eligible for such long -term services and supports pursuant to section 27 -10.5-106, and as
specified in the eligible person's individualized plan. Those long -term services and supports may
include, but need not be limited to, the following:
(a) Repealed.
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(b) Case management services;
(c) Day services and supports that offer opportunities for persons with intellectual and
developmental disabilities to experience and actively participate in valued adult roles in the
community. These services and supports will enable persons receiving services to access and
participate in community activities, such as work, recreation, higher education, and senior citizen
activities. Day services and supports, including early intervention services, may also include the
administration of nutrition or fluids through gastrostomy tubes, if administered by a person
authorized pursuant to section 27 -10.5-103 (2)(i) and supervised by a licensed nurse or
physician.
(d) Residential services and supports, including an array of training, learning, experiential,
and support activities provided in living alternatives designed to meet the individual needs of
persons receiving services and may include the administration of nutrition or fluids through
gastrostomy tubes, if administered by a person authorized pursuant to section 27 -10.5-103 (2)(i)
and supervised by a licensed nurse or physician; and
(e) Ancillary services, including activities that are secondary but integral to the provision of
the services and supports specified in this subsection (1).
(2) Service agencies receiving funds pursuant to subsection (1) of this section shall comply
with all of the provisions of this article and the rules promulgated thereunder.
(3) Repealed.
(4) (a) The department may purchase services and supports, including service and support
coordination, directly from service agencies if:
(I) Required by the federal requirements for the state to qualify for federal funds under Title
XIX of the federal "Social Security Act", as amended, including programs authorized pursuant to
part 4 of article 6 of title 25.5, C.R.S.; or
(II) Repealed.
(b) The department shall only purchase long -term services and supports directly from those
service agencies that meet established standards.
(c) Nothing in this section shall be construed to prohibit the provision of services and
supports, including case management services, directly by the department through regional
centers, for persons receiving services in regional centers.
(d) Nothing in this section shall be construed to require the provision of services and
supports, including case management services, directly by the department.
(5) (a) Each year the general assembly shall appropriate moneys to the department to provide
or purchase services and supports for persons with intellectual and developmental disabilities
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pursuant to this section. Unless specifically provided otherwise, services and supports shall be
purchased on the basis of state funding less any federal or cash funds received for general
operating expenses from any other state or federal source, less funds available to a person
receiving residential services or supports after such person receives an allowance for personal
needs or for meeting other obligations imposed by federal or state law. The yearly appropriation,
when combined with all other sources of funds, shall in no case exceed one hundred percent of
the approved program costs as determined by the general assembly. Funds received for capital
construction shall not be considered in the calculation for the distribution of funds under the
provisions of this section.
(b) Repealed.
Source: L. 75: Entire article added, p. 909, § 1, effective July 1. L. 79: (6)(b) amended, p.
1640, § 48, effective July 19. L. 85: Entire section R&RE, p. 988, § 4, effective July 1. L. 88: (2)
and (8) amended, p. 1082, § 3, effective April 9; (7)(b) amended, p. 812, § 13, effective May 24.
L. 91: (1)(d) amended, p. 1163, § 5, effective March 29. L. 92: Entire section R&RE, p. 1359, §
4, effective July 1. L. 93: (1)(a) amended, p. 1789, § 75, effective June 6; IP(1), IP(4)(a), and
(7)(a) amended, p. 1162, § 134, effective July 1, 1994. L. 94: (7)(b) amended, p. 823, § 51,
effective April 27. L. 96: (5) amended, p. 472, § 6, effective July 1. L. 2008: Entire section
amended, p. 2216, § 1, effective June 5; (4)(a.7) added, p. 2180, § 2, effective June 5; (1) and (3)
amended, p. 1448, § 3, effective August 5. L. 2010: (7)(b) amended, (HB 10 -1013), ch. 399, p.
1916, § 48, effective June 10. L. 2013: Entire section R&RE, (HB 13 -1314), ch. 323, p. 1794, §
4, effective March 1, 2014. L. 2021: IP(1) and (4)(b) amended, (HB 21 -1187), ch. 83, p. 348, §
57, effective July 1, 2024; (4)(a)(II)(B) added by revision, (HB 21 -1187), ch. 83, pp. 348, 354,
§§ 57, 70. L. 2022: (1)(a), (3), and (5)(b) repealed, (HB 22 -1295), ch. 123, p. 861, § 111,
effective July 1.
Editor's note: (1) Amendments to this section by House Bill 08-1366, Senate Bill 08-002, and
House Bill 08-1220 were harmonized.
(2) Subsection (4)(a)(II)(B) provided for the repeal of subsection (4)(a)(II), effective July 1,
2024. (See L. 2021, pp. 348, 354.)
Cross references: For the legislative declaration contained in the 1993 act amending the
introductory portions to subsections (1) and (4)(a) and subsection (7)(a), see section 1 of chapter
230, Session Laws of Colorado 1993.
Colorado Revised Statutes 2026
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ANNOTATION
Annotator's note. Since provisions
similar to those in repealed § 27 -11-103
were included in this section as amended in
1985, relevant cases construing those
provisions in the repealed section have been
included in the annotations to this section.
School board lacks standing to
challenge the constitutionality of this
section because, as a political subdivision of
the state whose duty it is to carry out the
educational policies of the state, the school
district and officers thereof cannot question
the constitutionality of a statute fixing their
duties. Denver Ass'n for Retarded Children
v. Sch. Dist. No. 1, 188 Colo. 310, 535 P.2d
200 (1975).
Kindergarten included in school
district's "regular school program".
Where the defendant school board conceded
that they maintain a free kindergarten for
children who are five years of age and, but
for the mental retardation or serious
handicap of the children being educated
through the board, they would attend the
district's free kindergarten, such
kindergarten is included in the school
district's "regular school program" as that
phrase is used in this section. Denver Ass'n
for Retarded Children v. Sch. Dist. No. 1,
188 Colo. 310, 535 P.2d 200 (1975).
Mandamus proper remedy. Subsection
(7)(b) clearly requires that the "school
district shall provide to the community
incorporated board" a sum of money
determined by a stated formula; therefore,
the clear right of a school board to demand
performance, and the clear legal duty on a
school district to act, makes this a proper
case for disposition by mandamus. Denver
Ass'n for Retarded Children v. Sch. Dist.
No. 1, 188 Colo. 310, 535 P.2d 200 (1975).
Superintendent not proper party
defendant in mandamus action. Since
under § 22 -32-107 the official duty of
paying over the amounts in question as
required by this section was that of the
treasurer, as authorized by the board of
education, and not that of the
superintendent, the superintendent was not a
proper party defendant in a mandamus
action to require such payment. Denver
Ass'n for Retarded Children v. Sch. Dist.
No. 1, 188 Colo. 310, 535 P.2d 200 (1975).
Amounts payable under section not
subject to prejudgment interest. Since the
amounts to be paid under this section arise
neither out of contract nor out of a fiduciary
relationship, the plaintiffs were not entitled
to prejudgment interest. Denver Ass'n for
Retarded Children v. Sch. Dist. No. 1, 188
Colo. 310, 535 P.2d 200 (1975).
Applied in Adams County Cmty. Center
for Retarded & Seriously Handicapped, Inc.
v. State Dept. of Insts., 197 Colo. 448, 594
P.2d 1046 (1979).
Colorado Revised Statutes 2026
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27-10.5-104.2. Services and supports - waiting list reduction - cash fund - repeal.
(Repealed)
Source: L. 2008: Entire section added, p. 2209, § 2, effective August 5. L. 2009: (2) amended,
(SB 09-228), ch. 410, p. 2264, § 17, effective July 1. L. 2013: (1), (2), and (3)(a) amended and
(1.5) added, (HB 13 -1314), ch. 323, p. 1796, § 5, effective May 28; (6) added by revision, (HB
13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-207 in 2014.
(2) Subsection (6) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-104.5. Case management agencies when acting as a service agency - money -
rules.
(1) Repealed.
(2) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.)
(3) The department shall promulgate rules to implement the purchase of long -term services
and supports from a case management agency or a service agency. The rules must include, but
need not be limited to:
(a) Terms and conditions necessary to promote the effective delivery of services and
supports;
(b) Procedures for obtaining an annual audit of case management agencies and service
agencies not affiliated with a case management agency to provide financial information deemed
necessary by the department to establish costs of long -term services and supports and to ensure
proper management of money received pursuant to section 27-10.5-104;
(c) Repealed.
(d) Specification of what long -term services and supports are to be reimbursed by the
department and secondarily by the case management agencies, the source of reimbursement,
actual long-term service or support costs, incentives, and program service objectives which affect
reimbursement;
(e) The methods of coordinating the purchase of services and supports, including, but not
limited to, service and support coordination, with other federal, state, and local programs which
provide funding for authorized services and supports;
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(f) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.)
(g) and (h) (Deleted by amendment, L. 2008, p. 2219, § 2, effective June 5, 2008.)
(i) Criteria for and limitations on any rates that case management agencies charge to service
agencies based upon a percentage of the rates that service agencies charge for long -term services
and supports.
(3.5) Any incorporated service agency which is registered in Colorado as a foreign
corporation shall organize a local advisory board consisting of individuals who reside within the
defined service area. The advisory board must be representative of the community at large and
persons receiving services and their families.
(4) Upon a determination by the executive director that long -term services or supports have
not been provided in accordance with the program or financial administration standards specified
in this article 10.5 and the rules and regulations promulgated thereunder, the executive director
may reduce, suspend, or withhold payment to a case management agency, service agency under
contract with a case management agency, or service agency from which the department of human
services purchased long -term services or supports directly. When the executive director decides
to reduce, suspend, or withhold payment, the executive director shall specify the reasons therefor
and the actions which are necessary to bring the service agency into compliance.
(5) Nothing in this article or in any rules or regulations promulgated pursuant thereto and no
actions taken by the executive director pursuant to this article shall be construed to affect the
obtaining of funds from local authorities, including those funds obtained from a mill levy
assessed by a county or municipality for the purpose of purchasing services or supports for
persons with developmental disabilities, or to require that such funds from local authorities be
used to supplant state or federal funds available for purchasing services and supports for persons
with developmental disabilities.
(6) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.)
Source: L. 85: Entire section added, p. 991, § 5, effective July 1. L. 88: (6) amended, p. 1083,
§ 4, effective April 9. L. 92: Entire section amended, p. 1363, § 5, effective July 1. L. 93: (3)(d)
and (4) amended, p. 1163, § 135, effective July 1, 1994. L. 2008: (3) amended, p. 2219, § 2,
effective June 5; IP(3) and (3)(a) amended, p. 2180, § 3, effective June 5. L. 2009: (1), IP(3), and
(3)(b) amended, (SB 09 -044), ch. 57, p. 208, § 11, effective March 25. L. 2013: (3) amended,
(HB 13 -1314), ch. 323, p. 1797, § 6, effective March 1, 2014. L. 2021: IP(3), (3)(b), (3)(d),
(3)(i), (3.5), and (4) amended, (HB 21 -1187), ch. 83, p. 349, § 58, effective July 1, 2024; (1)(b)
and (3)(c)(II) added by revision, (HB 21-1187), ch. 83, pp. 349, 354, §§ 58, 70.
Colorado Revised Statutes 2026
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Editor's note: (1) Amendments to subsection (3) by House Bill 08 -1220 and Senate Bill 08 -
002 were harmonized.
(2) Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 2024. (See L.
2021, pp. 349, 354.)
(3) Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective July 1, 2024.
(See L. 2021, pp. 349, 354.)
Cross references: For the legislative declaration contained in the 1993 act amending this
section, see section 1 of chapter 230, Session Laws of Colorado 1993.
27-10.5-105. Case management agencies - purchase of services and supports.
(1) Once a case management agency has been designated pursuant to section 25.5 -6-1703, it
shall, subject to available appropriations:
(a) Determine eligibility and develop an individualized plan for each person who receives
long-term services or supports pursuant to section 25.5-6-1704; except that, for a child from birth
through two years of age, eligibility determination and development of an individualized family
service plan must be made pursuant to part 4 of article 3 of title 26.5;
(b) Provide case management services, including service and support coordination and
periodic reviews, for persons receiving services and families with children with intellectual and
developmental disabilities;
(c) Obtain or provide early intervention services and supports pursuant to part 4 of article 3
of title 26.5;
(d) Take steps to notify eligible persons, and their families as appropriate, regarding the
availability of services and supports;
(e) Pursuant to section 26.5 -3-404, collaborate with the department of early childhood as it
develops and implements a statewide plan for public education outreach and awareness efforts
related to part C child find and the availability of early intervention services.
Source: L. 75: Entire article added, p. 910, § 1, effective July 1. L. 85: Entire section R&RE,
p. 992, § 6, effective July 1. L. 88: (2)(f) repealed and (4) amended, p. 1083, §§ 9, 5, effective
April 9. L. 90: (2)(a) amended, p. 412, § 42, effective June 7. L. 92: Entire section R&RE, p.
1365, § 6, effective July 1. L. 93: IP(1) amended, p. 1163, § 136, effective July 1, 1994. L. 2007:
(2) amended, p. 1562, § 7, effective May 31. L. 2008: (2) amended, p. 2220, § 3, effective June
Colorado Revised Statutes 2026
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5; entire section amended, p. 1450, § 4, effective August 5. L. 2010: (2)(d) amended, (HB 10 -
1213), ch. 220, p. 961, § 2, effective May 10; (2)(f) repealed, (SB 10 -208), ch. 314, p. 1472, § 3,
effective May 27. L. 2013: Entire section R&RE, (HB 13 -1314), ch. 323, p. 1797, § 7, effective
March 1, 2014. L. 2014: IP(1) and (1)(a) amended, (HB 14 -1363), ch. 302, p. 1270, § 33,
effective May 31. L. 2021: IP(1) and (1)(a) amended, (HB 21 -1187), ch. 83, p. 350, § 59,
effective July 1, 2024. L. 2022: IP(1), (1)(a), (1)(c), and (1)(e) amended, (HB 22 -1295), ch. 123,
p. 862, §§ 112, 113, effective July 1.
Cross references: For the legislative declaration contained in the 1993 act amending this
section, see section 1 of chapter 230, Session Laws of Colorado 1993.
ANNOTATION
Nonprofit corporation offering services
to the developmentally disabled pursuant
to this section is not a political subdivision
for purposes of the federal National
Labor Relations Act. The corporation
functions not as a state -created department
or administrative arm of government, but
essentially as a private contractor. Jefferson
County Cmty. Ctr. v. N.L.R.B., 732 F.2d 122
(10th Cir. 1984) (decided under former § 27-
11-103).
27-10.5-105.5. Revocation of designation - repeal. (Repealed)
Source: L. 85: Entire section added, p. 995, § 7, effective July 1. L. 88: (3) amended, p. 1083,
§ 6, effective April 9. L. 92: Entire section amended, p. 1368, § 7, effective July 1. L. 2013: (4)
added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-210 in 2014.
(2) Subsection (4) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-106. Eligibility determination.
Any person may request an evaluation pursuant to section 25.5 -6-1704 to determine whether
the person has an intellectual and developmental disability and is eligible to receive long -term
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services and supports pursuant to this article 10.5. Application for eligibility determination must
be made to the case management agency in the defined service area where the person resides.
Source: L. 75: Entire article added, p. 910, § 1, effective July 1. L. 85: Entire section R&RE,
p. 995, § 8, effective July 1. L. 88: (4) amended, p. 1083, § 7, effective April 9. L. 92: Entire
section amended, p. 1368, § 8, effective July 1. L. 93: (1)(b) amended, p. 1163, § 137, effective
July 1, 1994. L. 2007: (2) and (3) amended, p. 1564, § 8, effective May 31. L. 2008: Entire
section amended, p. 1453, § 5, effective August 5. L. 2009: (1)(b) amended, (SB 09-044), ch. 57,
p. 208, § 12, effective March 25. L. 2010: (1)(b) and (2) amended and (5) added, (HB 10 -1213),
ch. 220, p. 961, § 3, effective May 10. L. 2013: Entire section R&RE, (HB 13-1314), ch. 323, p.
1798, § 8, effective March 1, 2014. L. 2014: Entire section amended, (HB 14 -1363), ch. 302, p.
1270, § 34, effective May 31. L. 2021: Entire section amended, (HB 21 -1187), ch. 83, p. 350, §
60, effective July 1, 2024.
Cross references: For the legislative declaration contained in the 1993 act amending this
section, see section 1 of chapter 230, Session Laws of Colorado 1993.
27-10.5-107. Procedure for resolving disputes over eligibility, modification of services or
supports, and termination of services or supports.
(1) Every state or local service agency receiving state money pursuant to section 27-10.5-104
or 25.5-10-105 shall adopt a procedure for the resolution of disputes arising between the service
agency and any recipient of, or applicant for, services or supports authorized pursuant to section
27-10.5-104 or 25.5 -10-105. The procedures must be consistent with rules promulgated by the
department pursuant to article 4 of title 24 and must be applicable to the following disputes:
(a) A contested decision that the applicant is not eligible for services or supports;
(b) A contested decision to provide, modify, reduce, or deny services or supports set forth in
the individualized plan or individualized family service plan of the person receiving services;
(c) A contested decision to terminate services or supports;
(d) A contested decision that the person receiving services is no longer eligible for services
or supports.
(2) (Deleted by amendment, L. 92, p. 1369, § 9, effective July 1, 1992.)
(3) The department shall promulgate rules pursuant to article 4 of title 24, C.R.S., setting
forth procedures for the resolution of disputes specified in subsection (1) of this section that
shall:
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(a) Require that all applicants for services and supports and the parents or guardian of a
minor, the guardian, or an authorized representative be informed orally and in writing, in their
native language, of the dispute resolution procedures at the time of application, at the time the
individualized plan is developed, and any time changes in the plan are contemplated;
(b) Require that a service agency keep a written record of all proceedings specified pursuant
to this section;
(c) Require that no person receiving services be terminated from such services or supports
during the resolution process;
(d) Require that utilizing the dispute resolution procedure shall not prejudice the future
provision of appropriate services or supports to individuals; and
(e) Require that the intended action not occur until after reasonable notice has been provided
to the person, the parents or guardian of a minor, the guardian, or an authorized representative,
along with an opportunity to utilize the resolution process, except in emergency situations, as
determined by the department.
(3.5) The resolution process need not conform to the requirements of section 24 -4-105,
C.R.S., as long as the rules adopted by the department include provisions specifically setting
forth procedures, time frames, notice, an opportunity to be heard and to present evidence, and the
opportunity for impartial review of the decision in dispute by the executive director or designee,
if the resolution process has failed.
(4) and (5) (Deleted by amendment, L. 92, p. 1369, § 9, effective July 1, 1992.)
Source: L. 75: Entire article added, p. 911, § 1, effective July 1. L. 85: Entire section R&RE,
p. 996, § 9, effective July 1. L. 88: (5) amended, p. 1083, § 8, effective April 9. L. 92: Entire
section amended, p. 1369, § 9, effective July 1. L. 2008: (1) amended, p. 1454, § 6, effective
August 5. L. 2009: IP(1), IP(3), and (3.5) amended, (SB 09 -044), ch. 57, p. 209, § 13, effective
March 25. L. 2013: IP(1) amended, (HB 13 -1314), ch. 323, p. 1798, § 9, effective March 1,
2014. L. 2022: IP(1) amended, (HB 22-1295), ch. 123, p. 863, § 114, effective July 1.
27-10.5-108. Discharge.
(1) A person receiving services shall be discharged from services or supports upon a
determination, made pursuant to the individualized planning process, that the services or
supports are no longer appropriate. At least ten days prior to effectuation of the discharge,
notification of discharge shall be given to the person receiving services, the parents or guardian
of such a person who is a minor, and such person's legal guardian and authorized representative
when applicable.
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(2) When a person receiving services notifies a service agency that such person no longer
wishes to receive a service or support, the person shall be discharged from such service or
support unless the person is subject to a petition to impose a legal disability or to remove a legal
right, filed pursuant to section 27 -10.5-110 or section 25.5 -10-216, C.R.S., or for whom a legal
guardian has been appointed, affecting the person's ability to voluntarily terminate services or
supports. The parents of the person receiving services who is a minor and such person's guardian
shall be notified of the person's wish to terminate services or supports, but no minor will be
discharged without the consent of the parent or legal guardian.
Source: L. 75: Entire article added, p. 911, § 1, effective July 1. L. 85: Entire section R&RE,
p. 997, § 10, effective July 1. L. 92: Entire section amended, p. 1371, § 10, effective July 1. L.
2013: (2) amended, (HB 13-1314), ch. 323, p. 1799, § 10, effective March 1, 2014.
27-10.5-109. Community residential home - licenses - rules - repeal. (Repealed)
Source: L. 75: Entire article added, p. 911, § 1, effective July 1. L. 85: Entire section R&RE,
p. 997, § 11, effective January 1, 1986. L. 92: Entire section amended, p. 1371, § 11, effective
July 1. L. 94: Entire section amended, p. 2712, § 287, effective July 1. L. 2008: IP(6) amended,
p. 1454, § 7, effective August 5. L. 2009: (3), (5), and IP(6) amended, (SB 09 -044), ch. 57, p.
209, § 14, effective March 25. L. 2012: (2) and (3) amended, (HB 12 -1294), ch. 252, p. 1260, §
12, effective June 4. L. 2013: (6)(d) added, (SB 13 -283), ch. 332, p. 1896, § 16, effective May
28; (7) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-214 in 2014.
(2) Subsection (7) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-109.5. Compliance with local government zoning regulations - notice to local
governments - provisional licensure - repeal. (Repealed)
Source: L. 2000: Entire section added, p. 1517, § 5, effective June 1. L. 2013: (4) added by
revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
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Editor's note: (1) This section was relocated to § 25.5-10-215 in 2014.
(2) Subsection (4) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-110. Imposition of legal disability - removal of legal right.
(1) Any interested person may petition the court pursuant to section 25.5 -10-216, C.R.S., to
impose a legal disability on or to remove a legal right from a person with an intellectual and
developmental disability as defined in section 25.5-10-202, C.R.S. The petition shall set forth the
disability to be imposed or the legal right to be removed and the reasons therefor. The petition
may affect the right to contract, the right to determine place of abode or provisions of services
and supports, the right to operate a motor vehicle, and other similar rights.
(2) A person shall not be admitted to a regional center without a court order issued pursuant
to section 25.5-10-216, except in an emergency, if the person meets the criteria for an enhanced
protective placement pursuant to section 16-8.5-118, or for the purpose of temporary respite care.
Source: L. 75: Entire article added, p. 912, § 1, effective July 1. L. 85: Entire section R&RE,
p. 998, § 12, effective July 1. L. 92: Entire section amended, p. 1372, § 12, effective July 1. L.
2010: (2)(a)(II) amended, (HB 10-1213), ch. 220, p. 961, § 4, effective May 10. L. 2013: Entire
section R&RE, (HB 13 -1314), ch. 323, p. 1799, § 11, effective March 1, 2014. L. 2026: (2)
amended, (SB 26-149), ch. 142, p. 787, § 25, effective May 21.
27-10.5-110.5. Rights of persons with intellectual and developmental disabilities.
Each person receiving services pursuant to this article and article 10 of title 25.5, C.R.S., shall
have the rights set forth in sections 25.5-10-223 to 25.5-10-230, C.R.S.
Source: L. 2013: Entire section added, (HB 13 -1314), ch. 323, p. 1799, § 12, effective March
1, 2014.
27-10.5-111. Conduct of court proceedings - repeal. (Repealed)
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Source: L. 75: Entire article added, p. 912, § 1, effective July 1. L. 85: Entire section R&RE,
p. 1000, § 13, effective July 1. L. 2013: (2) added by revision, (HB 13 -1314), ch. 323, pp. 1799,
1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-217 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-112. Individuals' rights - repeal. (Repealed)
Source: L. 75: Entire article added, p. 912, § 1, effective July 1. L. 85: Entire section R&RE,
p. 1000, § 14, effective July 1. L. 92: Entire section amended, p. 1374, § 13, effective July 1. L.
2013: (5) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-218 in 2014.
(2) Subsection (5) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-113. Right to individualized plan or individualized family service plan - repeal.
(Repealed)
Source: L. 75: Entire article added, p. 913, § 1, effective July 1. L. 85: (1) and (2) amended
and (3) repealed, pp. 1001, 1016, §§ 15, 46, effective July 1. L. 92: Entire section R&RE, p.
1375, § 14, effective July 1. L. 2007: Entire section amended, p. 1565, § 9, effective May 31. L.
2008: Entire section amended, p. 1455, § 8, effective August 5. L. 2010: (2) amended, (HB 10 -
1213), ch. 220, p. 962, § 5, effective May 10. L. 2013: (3) added by revision, (HB 13 -1314), ch.
323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-219 in 2014.
(2) Subsection (3) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
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27-10.5-114. Right to medical care and treatment - repeal. (Repealed)
Source: L. 75: Entire article added, p. 913, § 1, effective July 1. L. 85: (1), (3) to (5), (7), and
(8) amended, p. 1001, § 16, effective July 1. L. 92: Entire section amended and (6.5) added, pp.
1375, 1157, §§ 15, 13, effective July 1. L. 97: (6.5) amended, p. 1024, § 47, effective August 6.
L. 2003: (3) and (6.5) amended, p. 714, § 55, effective July 1. L. 2013: (11) added by revision,
(HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-220 in 2014.
(2) Subsection (11) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-115. Right to humane care and treatment - repeal. (Repealed)
Source: L. 75: Entire article added, p. 914, § 1, effective July 1. L. 85: (2) and (8) amended,
p. 1002, § 17, effective July 1. L. 92: Entire section R&RE, p. 1377, § 16, effective July 1. L.
2013: (12) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-221 in 2014.
(2) Subsection (12) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-116. Right to religious belief, practice, and worship - repeal. (Repealed)
Source: L. 75: Entire article added, p. 915, § 1, effective July 1. L. 85: Entire section
amended, p. 1004, § 18, effective July 1. L. 92: Entire section amended, p. 1379, § 17, effective
July 1. L. 2013: (2) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-222 in 2014.
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(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-117. Rights to communications and visits - repeal. (Repealed)
Source: L. 75: Entire article added, p. 915, § 1, effective July 1. L. 85: (1) to (3), (5), and (6)
amended and (4) and (7) repealed, pp. 1004, 1016, §§ 19, 46, effective July 1. L. 92: Entire
section amended, p. 1379, § 18, effective July 1. L. 2013: (8) added by revision, (HB 13 -1314),
ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-223 in 2014.
(2) Subsection (8) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-118. Right to fair employment practices - repeal. (Repealed)
Source: L. 75: Entire article added, p. 916, § 1, effective July 1. L. 85: Entire section
amended, p. 1004, § 20, effective July 1. L. 92: Entire section amended, p. 1379, § 19, effective
July 1. L. 2013: (7) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-224 in 2014.
(2) Subsection (7) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-119. Right to vote - repeal. (Repealed)
Source: L. 75: Entire article added, p. 916, § 1, effective July 1. L. 85: Entire section
amended, p. 1005, § 21, effective July 1. L. 92: Entire section amended, p. 1380, § 20, effective
July 1. L. 2007: Entire section amended, p. 1798, § 71, effective June 1. L. 2013: Entire section
amended, (HB 13 -1303), ch. 185, p. 750, § 130, effective May 10; (2) added by revision, (HB
13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
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Editor's note: (1) Amendments to this section by House Bill 13-1303 and House Bill 13-1314
were harmonized, and this section was relocated to § 25.5-10-225 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-120. Records and confidentiality of information pertaining to eligible persons
or their families - repeal. (Repealed)
Source: L. 75: Entire article added, p. 916, § 1, effective July 1. L. 85: Entire section
amended, p. 1005, § 22, effective July 1. L. 92: Entire section amended, p. 1380, § 21, effective
July 1. L. 2008: (4) added, p. 1455, § 9, effective August 5. L. 2013: (5) added by revision, (HB
13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-226 in 2014.
(2) Subsection (5) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-121. Right to personal property - repeal. (Repealed)
Source: L. 75: Entire article added, p. 917, § 1, effective July 1. L. 85: Entire section
amended, p. 1006, § 23, effective July 1. L. 92: Entire section amended, p. 1381, § 22, effective
July 1. L. 2013: (4) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-227 in 2014.
(2) Subsection (4) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-122. Right to influence policy - repeal. (Repealed)
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Source: L. 75: Entire article added, p. 917, § 1, effective July 1. L. 85: Entire section
amended, p. 1007, § 24, effective July 1. L. 92: Entire section amended, p. 1382, § 23, effective
July 1. L. 2013: (2) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-228 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-123. Right to notification - repeal. (Repealed)
Source: L. 75: Entire article added, p. 917, § 1, effective July 1. L. 85: Entire section
amended, p. 1007, § 25, effective July 1. L. 92: Entire section amended, p. 1382, § 24, effective
July 1. L. 2013: (2) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-229 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-124. Discrimination - repeal. (Repealed)
Source: L. 75: Entire article added, p. 917, § 1, effective July 1. L. 85: Entire section
amended, p. 1007, § 26, effective July 1. L. 92: Entire section amended, p. 1382, § 25, effective
July 1. L. 2013: (2) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-230 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-125. Transfer of residents. (Repealed)
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Source: L. 75: Entire article added, p. 917, § 1, effective July 1. L. 85: Entire section
repealed, p. 1016, § 46, effective July 1.
27-10.5-126. Return of residents. (Repealed)
Source: L. 75: Entire article added, p. 917, § 1, effective July 1. L. 85: Entire section
repealed, p. 1016, § 46, effective July 1.
27-10.5-127. Restoration of rights. (Repealed)
Source: L. 75: Entire article added, p. 917, § 1, effective July 1. L. 85: Entire section
repealed, p. 1016, § 46, effective July 1.
27-10.5-128. Sterilization rights - repeal. (Repealed)
Source: L. 75: Entire article added, p. 918, § 1, effective July 1. L. 85: IP(1), (1)(b), and (2)
amended, p. 1007, § 27, effective July 1. L. 92: Entire section R&RE, p. 1382, § 26, effective
July 1. L. 2013: (6) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-231 in 2014.
(2) Subsection (6) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-129. Competency to give consent to sterilization - repeal. (Repealed)
Source: L. 75: Entire article added, p. 918, § 1, effective July 1. L. 85: IP(1) and (2) to (4)
amended, p. 1008, § 28, effective July 1. L. 92: Entire section R&RE, p. 1383, § 27, effective
July 1. L. 2013: (4) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
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Editor's note: (1) This section was relocated to § 25.5-10-232 in 2014.
(2) Subsection (4) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-130. Court-ordered sterilization - repeal. (Repealed)
Source: L. 75: Entire article added, p. 919, § 1, effective July 1. L. 85: (1) amended, p. 1009,
§ 29, effective July 1. L. 92: Entire section R&RE, p. 1384, § 28, effective July 1. L. 2013: (7)
added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-233 in 2014.
(2) Subsection (7) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-131. Confidentiality of sterilization proceedings - repeal. (Repealed)
Source: L. 75: Entire article added, p. 919, § 1, effective July 1. L. 85: Entire section
amended, p. 1009, § 30, effective July 1. L. 92: Entire section amended, p. 1386, § 29, effective
July 1. L. 2013: (2) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-234 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-132. Limitations on sterilization - repeal. (Repealed)
Source: L. 75: Entire article added, p. 919, § 1, effective July 1. L. 2013: (3) added by
revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
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Editor's note: (1) This section was relocated to § 25.5-10-235 in 2014.
(2) Subsection (3) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-133. Group homes for the developmentally disabled. (Repealed)
Source: L. 75: Entire article added, p. 919, § 1, effective July 1. L. 76: (1)(a), (1)(b), and (2)
amended and (2.5) added, p. 671, § 2, effective May 20. L. 85: Entire section repealed, p. 1016,
§ 46, effective July 1.
27-10.5-134. Civil action and attorney fees - repeal. (Repealed)
Source: L. 75: Entire article added, p. 920, § 1, effective July 1. L. 2013: (2) added by
revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-236 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-135. Terminology - repeal. (Repealed)
Source: L. 75: Entire article added, p. 920, § 1, effective July 1. L. 85: Entire section
amended, p. 1009, § 31, effective July 1. L. 92: Entire section amended, p. 1386, § 30, effective
July 1. L. 2005: (2) amended, p. 773, § 54, effective June 1. L. 2006: (1) amended, p. 1406, §
72, effective August 7. L. 2013: (3) added by revision, (HB 13 -1314), ch. 323, pp. 1799, 1813,
§§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-237 in 2014.
(2) Subsection (3) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
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27-10.5-136. Adjudication of competency. (Repealed)
Source: L. 75: Entire article added, p. 920, § 1, effective July 1.
Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1976.
(See L. 75, p. 920.)
27-10.5-137. Federal funds - repeal. (Repealed)
Source: L. 85: Entire section added, p. 1009, § 32, effective July 1. L. 2013: (2) added by
revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-238 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-138. Service provision system evaluation. (Repealed)
Source: L. 85: Entire section added, p. 1009, § 32, effective July 1.
Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1988.
(See L. 85, p. 1009.)
27-10.5-139. Evaluations to determine whether a defendant is mentally retarded for
purposes of class 1 felony trials - repeal. (Repealed)
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Source: L. 95: Entire section added, p. 1258, § 24, effective July 1. L. 2002: Entire section
amended, p. 1541, § 281, effective October 1. L. 2013: (2) added by revision, (HB 13-1314), ch.
323, pp. 1799, 1813, §§ 13, 56.
Editor's note: (1) This section was relocated to § 25.5-10-239 in 2014.
(2) Subsection (2) provided for the repeal of this section, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
27-10.5-140. Child find - responsibilities - interagency operating agreements - rules.
(Repealed)
Source: L. 2007: Entire section added, p. 1565, § 10, effective May 31. L. 2008: Entire
section repealed, p. 1455, § 10, effective August 5.
27-10.5-141. Retaliation prohibited - repeal. (Repealed)
Source: L. 2008: Entire section added, p. 1235, § 5, effective May 27. L. 2013: (2) added by
revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 13, 56.
Editor's note: Subsection (2) provided for the repeal of this section, effective March 1, 2014.
(See L. 2013, pp. 1799, 1813.)
27-10.5-142. Caregiver abuse - duties of the department - working group - issues -
report - funding - repeal. (Repealed)
Source: L. 2008: Entire section added, p. 2212, § 1, effective June 5. L. 2013: (7) added by
revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 14, 56.
Editor's note: Subsection (7) provided for the repeal of this section, effective March 1, 2014.
(See L. 2013, pp. 1799, 1813.)
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27-10.5-143. Caregiver abuse - task force - repeal. (Repealed)
Source: L. 2009: Entire section added, (HB 09-1178), ch. 84, p. 308, § 1, effective April 2. L.
2013: (3) added by revision, (HB 13-1314), ch. 323, pp. 1799, 1813, §§ 14, 56.
Editor's note: Subsection (3) provided for the repeal of this section, effective March 1, 2014.
(See L. 2013, pp. 1799, 1813.)
PART 2
STATE COUNCIL ON DEVELOPMENTAL DISABILITIES
27-10.5-201. Legislative declaration.
The general assembly finds that state and local agencies provide a variety of services and
supports to persons with developmental disabilities including institutional care, residential,
social, and income maintenance services, diagnostic and health -related services, and educational
and other programs. Because these services and supports are supported by many diverse agencies
and organizations and because congress, through the federal "Developmental Disabilities
Services and Facilities Construction Act", and amendments thereto, has called for the
establishment of state councils to provide coordination and planning in the field of
developmental disabilities, the general assembly declares that there is need to establish a state
council on developmental disabilities to be responsible for the coordination of services and
supports to the persons with developmental disabilities and to serve as an advocate for such
persons. The general assembly further finds that there is need to carefully define the duties and
responsibilities of a state council on developmental disabilities.
Source: L. 79: Entire part added, p. 1117, § 1, effective July 1. L. 85: Entire section amended,
p. 1010, § 33, effective July 1. L. 92: Entire section amended, p. 1386, § 31, effective July 1. L.
2002: Entire section amended, p. 1024, § 48, effective June 1.
27-10.5-202. Definitions.
As used in this part 2, unless the context otherwise requires:
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(1) "Developmental disability" means a severe, chronic disability of a person nine years of
age or older which:
(a) Is attributable to a mental or physical impairment or combination of mental and physical
impairments;
(b) Is manifested before the person attains age twenty-two;
(c) Results in substantial functional limitations in three or more of the following areas of
major life activity:
(I) Self-care;
(II) Receptive and expressive language;
(III) Learning;
(IV) Mobility;
(V) Self-direction;
(VI) Capacity for independent living; and
(VII) Economic self-sufficiency; and
(d) Reflects the person's need for a combination and sequence of special, interdisciplinary, or
generic care, treatment, or other services and supports which are of lifelong or extended duration
and are individually planned and coordinated; except that such term when applied to infants and
young children means individuals from birth to age nine years, inclusive, who have substantial
developmental delay or specific congenital or acquired conditions with a high probability of
resulting in developmental disabilities if services or supports are not provided.
(2) "State plan" means the state plan for developmental disabilities established pursuant to
the provisions of section 27-10.5-204 and as required by the federal "Developmental Disabilities
Services and Facilities Construction Act", and amendments thereto, including the
"Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of
1978", Pub.L. 95-602.
(3) "State council" means the Colorado developmental disabilities council established
pursuant to section 27-10.5-203.
Source: L. 79: Entire part added, p. 1117, § 1, effective July 1. L. 92: Entire section amended,
p. 1386, § 32, effective July 1. L. 2002: IP(1), (1)(d), and (3) amended, p. 1025, § 49, effective
June 1.
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Editor's note: Pub.L. 95-602 is contained in 29 U.S.C. sec. 720.
27-10.5-203. Establishment of state council.
(1) There is created in the office of the executive director of the department of human
services the Colorado developmental disabilities council. The state council is a type 1 entity, as
defined in section 24-1-105, and exercises its powers and performs its duties and functions under
the department. The state council shall operate in accordance with the federal "Developmental
Disabilities Assistance and Bill of Rights Act of 2000", 42 U.S.C. sec. 15001 et seq.
(2) The state council consists of twenty -four members appointed by the governor for three -
year terms; except that the terms shall be staggered so that no more than eight members' terms
expire in the same year. Vacancies shall be filled by appointment for the unexpired term.
(3) (a) The state council must at all times include in its membership representatives of the
following:
(I) The principal state agencies, including the state agency that administers funds provided
under the federal "Rehabilitation Act of 1973", the state agency that administers funds provided
under the federal "Individuals with Disabilities Education Act", the state agency that administers
funds provided under the federal "Older Americans Act of 1965", and the state agency that
administers funds provided under Titles V and XIX of the federal "Social Security Act" for
persons with developmental disabilities;
(II) The University Centers for Excellence in Developmental Disabilities Education,
Research, and Service;
(III) Nongovernmental agencies; and
(IV) Private nonprofit groups concerned with services and supports for persons with
developmental disabilities.
(b) At least four members of the state council must be persons with developmental
disabilities.
(c) At least four members of the state council must be family members or guardians of
persons with mentally impairing developmental disabilities, who are not employees of a state
agency that receives funds or provides services and supports under this part 2, and who are not
employees implementing programs under the federal "Social Security Act" or of any other entity
that receives funds or provides services and supports under this part 2. At least one individual of
the four appointed in this subsection (3)(c) must be an immediate relative or guardian of an
institutionalized or previously institutionalized person with a developmental disability.
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(d) At least half of the membership of the state council must be individuals described in
subsection (3)(b) or (3)(c) of this section, or parents or guardians of such persons with
developmental disabilities.
(4) Members of the state council are entitled to reimbursement for their expenses while
attending regular and special meetings of the state council.
(5) The state council shall operate in accordance with bylaws adopted by a quorum of its
membership.
(6) For the purposes of holding meetings of the state council, a quorum shall be a simple
majority of the state council membership in attendance.
Source: L. 79: Entire part added, p. 1118, § 1, effective July 1. L. 85: (2) and (6) amended, p.
1010, § 34, effective July 1. L. 92: Entire section R&RE, p. 1387, § 33, effective July 1. L. 93:
(1) amended, p. 1164, § 138, effective July 1, 1994. L. 2002: (1), (2), (3), IP(4), IP(5), (6), and
(7) amended, p. 1025, § 50, effective June 1. L. 2022: Entire section amended, (SB 22 -013), ch.
2, p. 69, § 92, effective February 25; (1) amended, (SB22 -162), ch. 469, p. 3379, § 77, effective
August 10. L. 2023: (4) amended, (SB 23-210), ch. 251, p. 1432, § 14, effective May 24.
Editor's note: Amendments to subsection (1) by SB 22-013 and SB 22-162 were harmonized.
Cross references: (1) For the legislative declaration contained in the 1993 act amending this
section, see section 1 of chapter 230, Session Laws of Colorado 1993.
(2) For the "Individuals with Disabilities Education Act", see Pub.L. 91 -230, codified at 20
U.S.C. sec. 1400 et seq. For the "Older Americans Act of 1965", see Pub.L. 89-73, codified at 42
U.S.C. sec. 3001 et seq.
(3) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968'
Modernization Act") in SB 22 -162, see section 1 of chapter 469, Session Laws of Colorado
2022.
27-10.5-204. Development of the state plan.
The state council shall develop a five -year state plan for developmental disabilities in
accordance with the federal "Developmental Disabilities Assistance and Bill of Rights Act of
2000", 42 U.S.C. sec. 15024. The state plan shall include establishment of goals and priorities for
meeting the needs of persons with developmental disabilities, including recommendations
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concerning state program operations and funding for a comprehensive system of services and
supports to persons with developmental disabilities. The state plan shall be prepared in
compliance with federal requirements and shall designate the state agency responsible for
administration of the state plan. The state council shall submit the state plan to the governor for
approval.
Source: L. 79: Entire part added, p. 1118, § 1, effective July 1. L. 92: Entire section amended,
p. 1389, § 34, effective July 1. L. 2002: Entire section amended, p. 1026, § 51, effective June 1.
27-10.5-205. Powers and duties.
(1) The state council shall:
(a) Monitor the plans and programs of state agencies established and administered pursuant
to the state plan;
(b) Review budgets and other programs and proposals for funding services and supports to
persons with developmental disabilities;
(c) Review programs that provide long -term services and supports to persons with
intellectual and developmental disabilities under contracts with state agencies and case
management agencies as authorized by the state plan;
(d) Encourage cooperation and coordination of services and supports of public and private
agencies including home care services and assist in the elimination of unnecessary and
duplicative programs and procedures;
(e) Identify gaps in services and supports to persons with developmental disabilities and
monitor programs for deinstitutionalization of such persons;
(f) Serve in an advisory capacity to the governor and the general assembly on matters
affecting persons with developmental disabilities;
(g) Meet at least quarterly and as often as necessary to fulfill its duties and responsibilities;
(h) Have all powers necessary to carry out the provisions of this part 2.
Source: L. 79: Entire part added, p. 1118, § 1, effective July 1. L. 85: (1)(b), (1)(c), (1)(e), and
(1)(f) amended, p. 1011, § 35, effective July 1. L. 92: Entire section amended, p. 1389, § 35,
effective July 1. L. 2002: IP(1) amended, p. 1026, § 52, effective June 1. L. 2021: (1)(c)
amended, (HB 21-1187), ch. 83, p. 350, § 61, effective July 1, 2024.
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27-10.5-206. State council employees.
Subject to available appropriations, the executive director of the department of human services
may employ such personnel as are required by the state council, pursuant to the provisions of
section 13 of article XII of the state constitution. The executive director of the department of
human services will appoint the staff director to the state council, accepting the
recommendations of the council.
Source: L. 79: Entire part added, p. 1119, § 1, effective July 1. L. 93: Entire section amended,
p. 1164, § 139, effective July 1, 1994. L. 2002: Entire section amended, p. 1026, § 53, effective
June 1.
Cross references: For the legislative declaration contained in the 1993 act amending this
section, see section 1 of chapter 230, Session Laws of Colorado 1993.
27-10.5-207. Cooperation of departments.
The departments of human services, public health and environment, and education shall
cooperate with the state council in the development of and implementation of the
recommendations made within the state plan. Said departments shall provide documents and
other assistance requested by the state council or its representatives which are essential for the
state council to meet its federal and state statutory requirements.
Source: L. 79: Entire part added, p. 1119, § 1, effective July 1. L. 92: Entire section amended,
p. 1390, § 36, effective July 1. L. 93: Entire section amended, p. 1164, § 140, effective July 1,
1994. L. 2002: Entire section amended, p. 1027, § 54, effective June 1.
Cross references: For the legislative declaration contained in the 1993 act amending this
section, see section 1 of chapter 230, Session Laws of Colorado 1993.
27-10.5-208. Service provision system evaluation. (Repealed)
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Source: L. 85: Entire section added, p. 1011, § 36, effective July 1.
Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1988.
(See L. 85, p. 1011.)
PART 3
REGIONAL CENTERS
Editor's note: Provisions similar to the provisions of this part 3 were found in article 14 of
this title prior to its repeal in 1985.
27-10.5-301. Regional centers for persons with developmental disabilities.
There are hereby established state regional centers in Wheat Ridge, Pueblo, and Grand
Junction. The essential object of such regional centers shall be to provide state operated services
and supports to persons with developmental disabilities. A regional center may not permit the
cultivation, use, or consumption of retail marijuana on its premises.
Source: L. 85: Entire part added, p. 1011, § 37, effective July 1. L. 92: Entire section
amended, p. 1390, § 37, effective July 1. L. 2013: Entire section amended, (SB 13-283), ch. 332,
p. 1896, § 17, effective May 28.
ANNOTATION
Law reviews. For article, "Liability of
Counties for Support of Inmates in State
Institutions", see 29 Dicta 27 (1952).
For the object and purpose of the
institution, see People ex rel. Dunbar v.
County Court, 128 Colo. 374, 262 P.2d 550
(1953) (decided under former § 27-14-102).
27-10.5-302. Directors.
The executive director shall appoint, pursuant to section 13 of article XII of the state
constitution, a director for each regional center. Persons appointed must be skilled and trained
administrators with experience related to the needs of persons with developmental disabilities.
The director of each regional center shall appoint such other employees in accordance with
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section 13 of article XII of the state constitution as are necessary to carry out the functions of the
regional center.
Source: L. 85: Entire part added, p. 1012, § 37, effective July 1. L. 92: Entire section
amended, p. 1390, § 38, effective July 1.
27-10.5-303. Annual reports - publications.
The director of each regional center shall report to the executive director at such times and on
such matters as the executive director may require. Publications of each regional center
circulated in quantity outside the department shall be subject to the approval and control of the
executive director.
Source: L. 85: Entire part 3 added, p. 1012, § 37, effective July 1. L. 92: Entire section
amended, p. 1391, § 39, effective July 1.
27-10.5-304. Admissions.
(1) There may be admitted to any regional center persons with developmental disabilities
who have been ordered placed in a regional center pursuant to section 27 -10.5-110, if the
applicant or legal guardian is a bona fide resident of Colorado.
(2) (Deleted by amendment, L. 92, p. 1391, § 40, effective July 1, 1992.)
Source: L. 85: Entire part added, p. 1012, § 37, effective July 1. L. 92: Entire section
amended, p. 1391, § 40, effective July 1.
Cross references: For the interstate compact on mental health, see part 10 of article 60 of title
24.
ANNOTATION
Not all who are committed can be
admitted, nor is it desirable that they should
be under all circumstances. If it were so, the
purpose of the institution might be defeated
by over-crowding, resulting in part from the
admission of those who are not fit subjects,
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and thus making training less effective, if
not impossible. People ex rel. Dunbar v.
County Court, 128 Colo. 374, 262 P.2d 550
(1953) (decided under former § 27-14-106).
27-10.5-305. Endowment fund.
There is hereby authorized the regional center endowment fund. Any parent, person,
corporation, or institution may contribute to said endowment fund. The bylaws to be provided by
the department of human services shall prescribe the different endowments; but the investments
from said endowment fund shall be in state, county, or city bonds or in first mortgages on
improved realty for not more than forty percent of the actual value of such realty.
Source: L. 85: Entire part added, p. 1012, § 37, effective July 1. L. 92: Entire section
amended, p. 1391, § 41, effective July 1. L. 94: Entire section amended, p. 2712, § 288, effective
July 1.
Cross references: For the legislative declaration contained in the 1994 act amending this
section, see section 1 of chapter 345, Session Laws of Colorado 1994.
27-10.5-306. Gifts - receipt and disposition.
Each regional center is hereby authorized to receive gifts, legacies, devises, and conveyances
of property, real or personal, that may be made, given, or granted to or for such regional center. If
the gifts are not prescribed, the director, with approval of the executive director, shall exercise
such authority and make such disposition of the gift property as may be for the best interest of
said regional center.
Source: L. 85: Entire part added, p. 1012, § 37, effective July 1. L. 92: Entire section
amended, p. 1391, § 42, effective July 1.
27-10.5-307. Expenditures.
No moneys shall be paid by the state treasurer out of any other appropriation for, or moneys
belonging to, a regional center, except upon warrants of the controller upon vouchers in favor of
the persons to whom the state is indebted on account of said regional center and certified by the
director of said regional center.
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Source: L. 85: Entire part added, p. 1013, § 37, effective July 1. L. 92: Entire section
amended, p. 1392, § 43, effective July 1.
27-10.5-308. Buildings - Pueblo. (Repealed)
Source: L. 85: Entire part added, p. 1013, § 37, effective July 1. L. 91: Entire section
amended, p. 1146, § 17, effective May 18. L. 92: Entire section repealed, p. 1392, § 44, effective
July 1.
27-10.5-309. Lease of property at regional center - regional center enterprise fund -
creation. (Repealed)
Source: L. 85: Entire part added, p. 1013, § 37, effective July 1. L. 92: Entire section
amended, p. 1392, § 45, effective July 1. L. 2008: Entire section repealed, p. 1345, § 3, effective
May 27.
27-10.5-310. Regional centers task force - creation - members - recommendations -
utilization study - reporting - repeal. (Repealed)
Source: L. 2014: Entire section added, (HB 14-1338), ch. 298, p. 1247, § 1, effective May 31.
Editor's note: Subsection (12) provided for the repeal of this section, effective December 31,
2015. (See L. 2014, p. 1247.)
27-10.5-311. Regional centers - waiver beds - prohibition on closure or sale - repeal.
(Repealed)
Source: L. 2015: Entire section added, (SB 15 -243), ch. 131, p. 405, § 1, effective August 5.
L. 2016: Entire section amended, (SB 16-178), ch. 274, p. 1135, § 2, effective June 10.
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Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2017.
(See L. 2016, p. 1135.)
27-10.5-312. Grand Junction regional center campus - vacating and sale or transfer -
legislative declaration - definition - repeal. (Repealed)
Source: L. 2016: Entire section added, (SB 16 -178), ch. 274, p. 1133, § 1, effective June 10.
L. 2018: (3)(b) amended, (HB 18-1049), ch. 134, p. 887, § 1, effective April 12. L. 2019: (3)(a)
and (3)(b)(I) amended, (HB 19-1062), ch. 20, p. 74, § 1, effective August 2.
Editor's note: Subsection (5) provided for the repeal of this section, effective June 30, 2021.
(See L. 2016, p. 1133.)
27-10.5-313. Regional center - employees - adult protective services data system check.
On and after January 1, 2019, prior to employment, a regional center shall submit the name of
a person who will be providing direct care, as defined in section 26 -3.1-101 (3.5), to an at -risk
adult, as defined in section 26 -3.1-101 (1.5), as well as any other required identifying
information, to the department of human services for a check of the Colorado adult protective
services data system pursuant to section 26-3.1-111, to determine if the person is substantiated in
a case of mistreatment of an at-risk adult.
Source: L. 2017: Entire section added, (HB 17 -1284), ch. 272, p. 1505, § 14, effective May
31.
27-10.5-314. Former Teller institute property.
(1) Except as described in subsection (2) of this section, as soon as each person who was
receiving services on May 24, 2022, at the former Teller institute federal Indian boarding school
property, now owned by the department and operated as a regional center, is transitioned to a
residence other than a residence at the regional center, the department shall vacate the property
and shall sell all or a portion of the property, or transfer all or a portion of the property, to a state
institution of higher education, a local government, a state agency, or a federally recognized tribe
in Colorado that is impacted by the operation of the Teller institute.
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(2) The department shall not sell or transfer the property, or any portion of the property, until
after the identification and mapping of any graves of Native American students buried at the
federal Indian boarding school that was located on the property and until after the department, in
consultation with tribal governments, develops a plan to acknowledge the abuse and
victimization of students and families related to the operation of the federal Indian boarding
school located on the property.
Source: L. 2022: Entire section added, (HB 22-1327), ch. 216, p. 1424, § 3, effective May 24.
Cross references: For the short title ("SALT Parity Act") in HB 22 -1327, see section 1 of
chapter 216, Session Laws of Colorado 2022.
PART 4
FAMILY SUPPORT SERVICES
27-10.5-401 to 27-10.5-408. (Repealed)
Editor's note: (1) This part 4 was added in 1991. For amendments to this part 4 prior to its
repeal in 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research
explanatory note beginning on page vii in the front of this volume. This part 4 was relocated to
part 3 of article 10 of title 25.5, effective March 1, 2014. Former C.R.S. section numbers are
shown in editor's notes following those sections that were relocated. For a detailed comparison of
this part 4, see the comparative tables located in the back of the index.
(2) Section 27-10.5-408 provided for the repeal of this part 4, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
PART 5
COLORADO FAMILY SUPPORT LOAN FUND
27-10.5-501 to 27-10.5-504. (Repealed)
Editor's note: (1) This part 5 was added in 1991. For amendments to this part 5 prior to its
repeal in 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research
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explanatory note beginning on page vii in the front of this volume. This part 5 was relocated to
part 4 of article 10 of title 25.5, effective March 1, 2014. Former C.R.S. section numbers are
shown in editor's notes following those sections that were relocated. For a detailed comparison of
this part 5, see the comparative tables located in the back of the index.
(2) Section 27-10.5-504 provided for the repeal of this part 5, effective March 1, 2014. (See L.
2013, pp. 1799, 1813.)
PART 6
STUDY OF SELF-SUFFICIENCY TRUSTS
27-10.5-601. (Repealed)
Source: L. 96: Entire part repealed, p. 563, § 24, effective April 24.
Editor's note: This part 6 was added in 1991. For amendments to this part 6 prior to its repeal
in 1996, consult the Colorado statutory research explanatory note and the table itemizing the
replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page
vii in the front of this volume.
PART 7
COORDINATED SYSTEM OF PAYMENT FOR EARLY INTERVENTION
SERVICES FOR INFANTS AND TODDLERS
Editor's note: This part 7 was added in 2007 and was not amended prior to 2008. The
substantive provisions of this part 7 were repealed and reenacted in 2008, resulting in the
addition, relocation, and elimination of sections as well as subject matter. For the text of this part
7 prior to 2008, consult the 2007 Colorado Revised Statutes. Former C.R.S. section numbers are
shown in editor's notes following those sections that were relocated.
27-10.5-701 to 27-10.5-710. (Repealed)
Source: L. 2022: Entire part repealed, (HB 22-1295), ch. 123, p. 870, § 135, effective July 1.
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Editor's note: (1) This part 7 was added in 2007. For amendments to this part 7 prior to its
repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research
explanatory note beginning on page vii in the front of this volume. This part 7 was relocated to
part 4 of article 3 of title 26.5. Former C.R.S. section numbers are shown in editor's notes
following those sections that were relocated. For a detailed comparison of this part 7, see the
comparative tables located in the back of the index.
(2) Changes to § 27 -10.5-702 (1) by HB 22 -1294 were harmonized with HB 22 -1295 and
relocated to § 26.5-3-402 (1).
PART 8
OUTCOME-BASED SUPPORTED EMPLOYMENT SYSTEM FOR
INTEGRATED EMPLOYMENT SERVICES FOR PERSONS WITH
DISABILITIES, INCLUDING DEVELOPMENTAL DISABILITIES
27-10.5-801. Pilot program - creation - goals - implementation - reporting - repeal.
(Repealed)
Source: L. 2008: Entire part added, p. 378, § 2, effective April 10. L. 2015: (4) added by
revision, (SB 15-239), ch. 160, pp. 488, 490 §§ 7, 14.
Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2016.
(See L. 2015, pp. 488, 490.)
PART 9
STATE EMPLOYMENT OF PERSONS WITH DEVELOPMENTAL
DISABILITIES
27-10.5-901. Legislative declaration.
(1) The general assembly hereby finds that:
(a) Persons with developmental disabilities represent a population that has long been
underutilized and often denied employment opportunities within state government, partially due
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to hiring personnel's perceptions and understanding of the operation and requirements of the state
personnel system;
(b) Some state agencies are unaware of the avenues that are available within the state
personnel system by which state agencies can hire and provide training and support for persons
with developmental disabilities; and
(c) Many persons with developmental disabilities, when provided appropriate training and
support, can develop sufficient skills and competencies to more than adequately fulfill job
expectations in employment positions in state government.
(2) Therefore, it is the intent of the general assembly to create the state employment program
for persons with developmental disabilities to encourage and provide incentives for state
agencies to give meaningful employment opportunities to persons with developmental
disabilities and to improve the state's practices in employing, supervising, and supporting
persons with developmental disabilities.
Source: L. 2008: Entire part added, p. 2182, § 1, effective June 5.
27-10.5-901.5. Definitions.
As used in this part 9, unless the context otherwise requires:
(1) "Program" means the state employment program for persons with developmental
disabilities created in section 27-10.5-902 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2083, § 237, effective August
6.
27-10.5-902. State employment program for persons with developmental disabilities -
creation - rules.
(1) There is hereby created within the department the state employment program for persons
with developmental disabilities. The department shall design and implement the program to
coordinate the hiring of interested persons with developmental disabilities into appropriate and
meaningful state employment opportunities. The goal of the program is to identify for persons
with developmental disabilities permanent and stable employment opportunities that are
integrated within and appropriately meet the service goals of state agencies. The department of
human services shall collaborate with the department of personnel in designing the program.
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(2) (a) On or before July 1, 2008, the executive directors of the department of human
services and the department of personnel shall jointly convene a working group to study and
recommend how the state's policies and practices in employing, supervising, and supporting
persons with developmental disabilities can be improved in order to effectively and successfully
implement the program. The executive directors shall include in the working group persons with
expertise in implementing the statutes and rules pertaining to the state personnel system, persons
with expertise in interpreting and implementing the federal "Americans with Disabilities Act of
1990", 42 U.S.C. sec. 12101 et seq., and persons with experience in employing and placing for
employment persons with developmental disabilities.
(b) The working group shall complete its work and make recommendations to the executive
directors of the department of human services and the department of personnel by January 1,
2009. The recommendations of the working group may include, but need not be limited to:
(I) Modifications to rules, statutes, or the state constitution to improve the success of persons
with developmental disabilities who are employed through the program; and
(II) Identification or clarification of the roles and responsibilities of persons in the
department of human services and the department of personnel in implementing the program
efficiently and successfully.
(3) (a) If the working group finds that implementation of the program may require statutory
or constitutional changes, the department of human services and the department of personnel
shall not implement the program until the general assembly has considered and rejected said
changes or until after a bill enacting said statutory changes or a referred measure enacting said
constitutional changes has become law.
(b) After the conditions specified in paragraph (a) of this subsection (3) are met, or if the
working group finds that neither statutory nor constitutional changes are necessary for
implementation of the program, the state board of human services and the state personnel board
shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of
title 24, C.R.S., as follows:
(I) The state board of human services shall promulgate rules as necessary for implementation
of the program within the department of human services; and
(II) The state personnel board shall promulgate rules pertaining to the state personnel system
as necessary for implementation of the program.
(4) Following promulgation of rules pursuant to subsection (3) of this section and in
accordance with said rules and the provisions of this section, the department of human services,
in collaboration with the department of personnel, shall implement the program. A state agency
that seeks to employ a person with developmental disabilities through the program shall be
responsible for hiring and supervision of the person and payment of the person's salary and
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benefits. The department, through the program, shall provide guidance to the hiring state agency
regarding any additional issues that are pertinent to the person's employment.
(5) Following adoption of the rules specified in subsection (3) of this section, the department
shall regularly provide information to state agencies to explain and promote the program. Upon
full implementation of the program, each state agency is strongly encouraged to participate in the
program by identifying meaningful and appropriate employment positions for persons with
developmental disabilities and working with the department to hire persons with developmental
disabilities for these positions.
Source: L. 2008: Entire part added, p. 2183, § 1, effective June 5. L. 2025: (1) amended, (SB
25-275), ch. 377, p. 2083, § 238, effective August 6.
PART 10
GENERAL PROVISIONS
27-10.5-1001. (Repealed)
Source: L. 2009: Entire part repealed, (SB 09-206), ch. 7, p. 59, § 1, effective March 2.
Editor's note: This part 10 was added in 2008 and was not amended prior to its repeal in
2009. For the text of this part 10 prior to 2009, consult the 2008 Colorado Revised Statutes.
ARTICLE 11
Community Centers - Mentally Retarded and Handicapped
27-11-101 to 27-11-106. (Repealed)
Source: L. 85: Entire article repealed, p. 1016, § 46, effective July 1.
Editor's note: This article was numbered as article 8 of chapter 71 in C.R.S. 1963. For
amendments to this article prior to its repeal in 1985, consult the Colorado statutory research
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explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 12
Charges for Patients
27-12-101 to 27-12-109. (Repealed)
Source: L. 2010: Entire article repealed, (SB 10-175), ch. 188, p. 675, § 1, effective April 29.
Editor's note: This article was numbered as article 7 of chapter 71, C.R.S. 1963. For
amendments to this article prior to its repeal in 2010, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions
of this article were relocated to article 92 of this title. For the location of specific provisions, see
the editor's notes following each section in said article and the comparative tables located in the
back of the index.
Institutions
ARTICLE 13
Colorado Mental Health Institute at Pueblo
27-13-101 to 27-13-113. (Repealed)
Source: L. 2010: Entire article repealed, (SB 10-175), ch. 188, p. 675, § 1, effective April 29.
Editor's note: This article was numbered as article 3 of chapter 71, C.R.S. 1963. For
amendments to this article prior to its repeal in 2010, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions
of this article were relocated to article 93 of this title. For the location of specific provisions, see
the editor's notes following each section in said article and the comparative tables located in the
back of the index.
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ARTICLE 14
Homes for Mental Defectives
27-14-101 to 27-14-116. (Repealed)
Source: L. 85: Entire article repealed, p. 1016, § 46, effective July 1.
Editor's note: This article was numbered as article 4 of chapter 71 in C.R.S. 1963. For
amendments to this article prior to its repeal in 1985, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Cross references: For current provisions on regional centers, see part 3 of article 10.5 of this
title 27.
ARTICLE 15
Colorado Mental Health Institute at Fort Logan
27-15-101 to 27-15-105. (Repealed)
Source: L. 2010: Entire article repealed, (SB 10-175), ch. 188, p. 675, § 1, effective April 29.
Editor's note: This article was numbered as article 5 of chapter 71, C.R.S. 1963. For
amendments to this article prior to its repeal in 2010, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions
of this article were relocated to article 94 of this title. For the location of specific provisions, see
the editor's notes following each section of said article and the comparative tables located in the
back of the index.
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ARTICLE 16
Western Regional Mental Health Center
27-16-101 to 27-16-105. (Repealed)
Source: L. 77: Entire article repealed, p. 293, § 7, effective May 26.
Editor's note: This article was numbered as article 9 of chapter 71 in C.R.S. 1963. For
amendments to this article prior to its repeal in 1977, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
CORRECTIONS
ARTICLE 20
Penitentiary
27-20-101 to 27-20-203. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: (1) The provisions of part 1 concerning the state penitentiary and the provisions
of part 2, enacted by L. 77, p. 1377, § 1, concerning minimum security facilities, are under the
department of corrections. (See articles 20 and 25 of title 17.)
(2) This article was numbered as article 4 of chapter 105 in C.R.S. 1963. For amendments to
this article prior to its repeal in 1977, consult the Colorado statutory research explanatory note
and the table itemizing the replacement volumes and supplements to the original volume of
C.R.S. 1973 beginning on page vii in the front of this volume.
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ARTICLE 21
Women's Correctional Institution
27-21-101 to 27-21-102. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: This article was numbered as articles 3 and 4 of chapter 105 in C.R.S. 1963.
For amendments to this article prior to its repeal in 1977, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 22
Reformatory
27-22-101 to 27-22-110. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: This article was numbered as article 3 of chapter 105 in C.R.S. 1963. For
amendments to this article prior to its repeal in 1977, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 23
Mentally Ill or Retarded Convicts - Transfer
27-23-101 to 27-23-103. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
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Editor's note: (1) The provisions concerning the transfer of inmates with mental health
disorders or intellectual and developmental disabilities are under the department of corrections.
(See article 23 of title 17.)
(2) This article was numbered as article 2 of chapter 71 in C.R.S. 1963. For amendments to
this article prior to its repeal in 1977, consult the Colorado statutory research explanatory note
and the table itemizing the replacement volumes and supplements to the original volume of
C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 24
Convict Labor and Goods
27-24-101 to 27-24-124. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: This article was numbered as article 5 of chapter 105 in C.R.S. 1963. For
amendments to this article prior to its repeal in 1977, consult the Colorado statutory research
explanatory note and the table itemizing the replacement volumes and supplements to the
original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 25
Correctional Industries
27-25-101 to 27-25-203. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: (1) The provisions concerning correctional industries are under the department
of corrections. (See article 24 of title 17.)
(2) This article was numbered as article 8 of chapter 105 in C.R.S. 1963. For amendments to
this article prior to its repeal in 1977, consult the Colorado statutory research explanatory note
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and the table itemizing the replacement volumes and supplements to the original volume of
C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 26
Jails
27-26-101 to 27-26-129. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: (1) The provisions concerning jails are under the department of corrections.
(See article 26 of title 17.)
(2) This article was numbered as article 7 of chapter 105 in C.R.S. 1963. For amendments to
this article prior to its repeal in 1977, consult the Colorado statutory research explanatory note
and the table itemizing the replacement volumes and supplements to the original volume of
C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 27
Community Correctional Facilities and Programs
27-27-101 to 27-27-112. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: (1) The provisions concerning community correctional facilities and programs
are under the department of corrections. (See article 27 of title 17.)
(2) This article was added in 1974. For amendments to this article prior to its repeal in 1977,
consult the Colorado statutory research explanatory note and the table itemizing the replacement
volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the
front of this volume.
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ARTICLE 28
Restitution to Victims of Crime
27-28-101 to 27-28-102. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: (1) The provisions concerning restitution to victims of crime are under the
department of corrections. (See article 28 of title 17.)
(2) This article was added in 1976 and was not amended prior to its repeal in 1977. For the
text of this article prior to 1977, consult the Colorado statutory research explanatory note and the
table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973
beginning on page vii in the front of this volume.
OTHER INSTITUTIONS
ARTICLE 35
School for the Deaf and the Blind
27-35-101 to 27-35-116. (Repealed)
Source: L. 77: Entire article repealed, p. 1095, § 5, effective July 1.
Editor's note: (1) The provisions concerning the school for the deaf and the blind have been
transferred to article 80 of title 22. (See L. 77, pp. 1090-1095.)
(2) This article was numbered as article 1 of chapter 16 in C.R.S. 1963. For amendments to
this article prior to its repeal in 1977, consult the Colorado statutory research explanatory note
and the table itemizing the replacement volumes and supplements to the original volume of
C.R.S. 1973 beginning on page vii in the front of this volume.
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COLORADO DIAGNOSTIC PROGRAM
ARTICLE 40
Colorado Diagnostic Program
27-40-101 to 27-40-107. (Repealed)
Source: L. 77: Entire article repealed, p. 955, § 37, effective August 1.
Editor's note: (1) The provisions concerning the Colorado diagnostic program are under the
department of corrections. (See article 40 of title 17.)
(2) This article was added in 1974. For amendments to this article prior to its repeal in 1977,
consult the Colorado statutory research explanatory note and the table itemizing the replacement
volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the
front of this volume.
BEHA VIORAL HEALTH
ARTICLE 50
Behavioral Health Administration
PART 1
GENERAL PROVISIONS
27-50-101. Definitions.
27-50-102. Behavioral health
administration - creation -
coordination - health
oversight agency.
27-50-103. Behavioral health
commissioner -
appointment - powers,
duties, and functions -
subdivisions of the BHA.
27-50-104. Powers and duties of the
commissioner - rules.
27-50-105. Administration of behavioral
health programs - state
plan - sole mental health
authority - gifts, grants, or
donations - repeal.
27-50-106. Transfer of functions.
27-50-107. State board of human
services - rules.
27-50-108. Systemwide behavioral
health grievance system.
27-50-109. Centralized digital consent
repository working group
- duties - report - repeal.
(Repealed)
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27-50-110. Friends and family input
form - rules.
PART 2
BEHA VIORAL HEALTH SYSTEM
MONITORING
27-50-201. Behavioral health system
monitoring - capacity -
safety net performance.
27-50-202. Formal agreements - state
agencies and tribal
governments.
27-50-203. Universal contracting
provisions - requirements.
27-50-204. Reporting.
PART 3
BEHA VIORAL HEALTH SAFETY NET
SYSTEM
27-50-301. Behavioral health safety net
system implementation.
27-50-302. Requirement to serve priority
populations - screening
and triage for individuals
in need of behavioral
health services - referrals.
27-50-303. Essential behavioral health
safety net providers -
approval to serve limited
priority populations.
27-50-304. Behavioral health safety net
provider network -
incentives - preferred
status - rules.
27-50-305. Resources to support
behavioral health safety
net providers -
independent third-party
contract. (Repealed)
PART 4
BEHA VIORAL HEALTH
ADMINISTRATIVE SERVICES
ORGANIZATIONS
27-50-401. Regional behavioral health
administrative services
organizations -
establishment.
27-50-402. Behavioral health
administrative services
organizations -
application - designation -
denial - revocation.
27-50-403. Behavioral health
administrative services
organizations - contract
requirements - individual
access - care
coordination.
27-50-404. Care coordination -
responsibilities of
behavioral health
administrative services
organizations -
coordination with
managed care entities.
27-50-405. Behavioral health
administrative services
organizations -
stakeholder input - report
- rules.
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PART 5
BEHA VIORAL HEALTH ENTITIES
27-50-501. Behavioral health entities -
license required -
criminal and civil
penalties.
27-50-502. Behavioral health entities -
minimum standard -
rules.
27-50-503. Licenses - application -
inspection - issuance.
27-50-504. License fees - rules.
27-50-505. License - denial - suspension
- revocation.
27-50-506. Behavioral health licensing
cash fund - creation.
27-50-507. Employee and contracted
service provider -
criminal history record
check.
27-50-508. Enforcement.
27-50-509. Purchase of services by
courts, counties,
municipalities, school
districts, and other
political subdivisions.
27-50-510. Behavioral health entities -
consumer information -
reporting - release - rules.
PART 6
NETWORK STANDARDS
27-50-601. Department of health care
policy and financing -
behavioral health network
standards.
27-50-602. Division of insurance
behavioral health network
standards.
27-50-603. State agency behavioral
health network and
program standards.
PART 7
BEHA VIORAL HEALTH
ADMINISTRATION ADVISORY
COUNCIL
27-50-700.3. Definitions.
27-50-701. Behavioral health
administration advisory
council - creation - duties
- report.
27-50-702. Advisory council -
membership.
27-50-703. Advisory council - regional
subcommittees -
subcommittees - working
groups.
PART 8
MENTAL HEALTH PROGRAMS
27-50-801. Veteran suicide prevention
pilot program - rules -
report - definitions -
repeal. (Repealed)
27-50-802. Study of health effects of
felonizing fentanyl
possession - repeal.
(Repealed)
27-50-803. Technical assistance to jails -
appropriation.
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27-50-804. School-based mental health
support program -
creation - appropriation -
definitions - repeal.
27-50-805. Contingency management
grant program - creation -
definitions - repeal.
PART 9
SIXTH THROUGH TWELFTH GRADE
MENTAL HEALTH SCREENING ACT
27-50-901 to
27-50-903. (Repealed)
PART 10
RECOVERY RESIDENCES
27-50-1001. Regulation of recovery
residences - license -
violations and penalties -
rules.
27-50-1002. Rules for minimum standards
of operation.
27-50-1003. Applications - investigations
- inspections - criminal
history background
checks for owners and
managers.
27-50-1004. Fees - rules.
27-50-1005. Denial, suspension, or
revocation of license -
restrictions - fines.
27-50-1006. Report of occurrences -
investigations - rules -
definition.
27-50-1007. Probation placement referrals
- judicial updates to
identify eligible entities -
legislative declaration -
repeal.
27-50-1008. Repeal of part - sunset
review.
PART 1
GENERAL PROVISIONS
27-50-101. Definitions.
As used in this article 50, unless the context otherwise requires:
(1) "Behavioral health" refers to an individual's mental and emotional well -being and actions
that affect an individual's overall wellness. Behavioral health issues and disorders include
substance use disorders, mental health disorders, serious psychological distress, serious mental
disturbance, and suicide and range from unhealthy stress or subclinical conditions to diagnosable
and treatable diseases. "Behavioral health" also describes service systems that encompass
promotion of emotional health and prevention and treatment services for mental health disorders
and substance use disorders.
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(2) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
(3) "Behavioral health disorder" means an alcohol use disorder, a mental health disorder, or a
substance use disorder.
(4) "Behavioral health entity" means a facility or provider organization engaged in providing
community-based health services, which may include services for a behavioral health disorder
but does not include detention and commitment facilities operated by the division of youth
services within the department of human services or services provided by a licensed or certified
mental health -care provider under the provider's individual professional practice act on the
provider's own premises.
(5) "Behavioral health program" means the specific services and administration of those
services by a behavioral health provider.
(6) "Behavioral health provider" means a recovery community organization; a recovery
support services organization, as defined in section 27 -60-108; or a licensed organization or
professional providing diagnostic, therapeutic, or psychological services for behavioral health
conditions. Behavioral health providers include a residential child care facility, as defined in
section 26-6-903 (29), and a federally qualified health center.
(7) "Behavioral health safety net provider" means comprehensive community behavioral
health providers and essential behavioral health safety net providers. A community mental health
center pursuant to 42 U.S.C. sec. 300x -2(c) that is licensed as a behavioral health entity may
apply to be approved as a comprehensive community behavioral health provider, an essential
behavioral health safety net provider, or both.
(8) "Behavioral health safety net services" means the specific behavioral health services for
children, youth, and adults that must be provided statewide pursuant to part 3 of this article 50.
(8.5) "Boarding" means when a child or youth under twenty -one years of age has been
waiting longer than twelve hours to be placed in an appropriate treatment setting after being
clinically assessed and determined to be in need of inpatient psychiatric treatment and received a
determination from a licensed provider of medical stability without the need for urgent medical
assessment or hospitalization for a physical condition.
(9) "Commissioner" means the commissioner of the behavioral health administration
appointed pursuant to section 27-50-103.
(10) "Community -based" means outside of a hospital, psychiatric hospital, detention and
commitment facility operated by the division of youth services within the department of human
services, or nursing home.
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(11) "Comprehensive community behavioral health provider" means a licensed behavioral
health entity or behavioral health provider approved by the behavioral health administration to
provide care coordination and the following behavioral health safety net services, either directly
or through formal agreements with behavioral health providers in the community or region:
(a) Emergency and crisis behavioral health services;
(b) Mental health and substance use outpatient services;
(c) Behavioral health high-intensity outpatient services;
(d) Care management;
(e) Outreach, education, and engagement services;
(f) Mental health and substance use recovery supports;
(g) Repealed.
(h) Outpatient competency restoration; and
(i) Screening, assessment, and diagnosis, including risk assessment, crisis planning, and
monitoring to key health indicators.
(11.5) "Covered entity" means an entity subject to HIPAA.
(12) "Department" means the department of human services created pursuant to section 26 -
1-105.
(13) "Essential behavioral health safety net provider" means a licensed behavioral health
entity or behavioral health provider approved by the behavioral health administration to provide
care coordination and at least one of the following behavioral health safety net services:
(a) Emergency or crisis behavioral health services;
(b) Behavioral health outpatient services;
(c) Behavioral health high-intensity outpatient services;
(d) Behavioral health residential services;
(e) Withdrawal management services;
(f) Behavioral health inpatient services;
(g) Integrated care services;
(h) Hospital alternatives; or
(i) Additional services that the behavioral health administration determines are necessary in a
region or throughout the state.
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(13.5) "Extended stay" means when a child or youth under twenty-one years of age has been
waiting longer than seventy -two hours to be discharged from an acute level of inpatient
psychiatric care to a less intensive or less restrictive clinically appropriate level of psychiatric
care, including a discharge home or to a home-like setting with behavioral health supports.
(13.7) "Friends and family input form" means a form created pursuant to section 27 -50-110
to allow family and friends to provide health or background information about an individual
receiving mental health or substance use services.
(14) "Health information organization network" has the same meaning as defined in section
25-3.5-103 (8.6).
(14.5) "HIPAA" means the federal "Health Insurance Portability and Accountability Act of
1996", 42 U.S.C. secs. 1320d to 1320d-9, as amended.
(15) "Mental health disorder" means one or more substantial disorders of the cognitive,
volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality
or to control behavior.
(16) "Primary prevention" means activities and strategies used to intervene before health
effects occur through measures that prevent the onset of addiction, delay initial use of alcohol,
marijuana, and tobacco, deter the use of illegal drugs, and promote health and wellness.
(17) (a) "Priority populations" means people who are:
(I) Uninsured, underinsured, medicaid -eligible, publicly insured, or whose income is below
thresholds established by the BHA; and
(II) Presenting with acute or chronic behavioral health needs, including but not limited to
individuals who have been determined incompetent to stand trial, adults with serious mental
illness, and children and youth with serious emotional disturbance.
(b) The BHA shall further identify underserved populations meeting the criteria of
subsection (17)(a) of this section for specific prioritization on a regional or statewide basis based
on health equity data, including but not limited to people experiencing or at risk of homelessness;
children and youth at risk of out -of-home placement and their parents; people involved with the
criminal or juvenile justice system; people of color; American Indians; Alaska natives; veterans;
people who are pregnant; people who are lesbian, gay, bisexual, transgender, or queer or
questioning; and individuals with disabilities as defined by the federal "Americans with
Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended. The BHA shall also consider
input directly from behavioral health providers that are culturally and linguistically
representative of the populations they serve. The BHA shall consider recommendations from the
behavioral health administrative services organizations, the advisory council, and regional
subcommittees in identifying subpopulations.
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(17.3) "Recovery community organization" means an independent nonprofit organization led
and governed by representatives of local communities of recovery that organize recovery -
focused policy advocacy activities, carry out recovery -focused community education and
outreach programs, or provide peer-run recovery support services.
(17.5) (a) "Recovery residence" means a licensed premises, place, facility, or building that
provides housing accommodation for individuals with a primary diagnosis of a behavioral health
disorder and that:
(I) Does not permit the possession or use of alcohol or nonprescribed or illicit drugs;
(II) Promotes independent living and life-skill development; and
(III) Provides structured activities and recovery support services that are primarily intended
to promote and sustain recovery from behavioral health disorders.
(b) "Recovery residence" does not include:
(I) A private residence in which an individual related to the owner of the residence by blood,
adoption, or marriage is required to abstain from substance use or receive behavioral health
services for a behavioral health disorder as a condition of residing in the residence;
(II) A behavioral health entity licensed by the BHA to provide residential treatment;
(III) Permanent supportive housing. For the purposes of this subsection (17.5)(b)(III),
"permanent supportive housing" means community -based affordable housing where extremely
low-income individuals with complex barriers to housing stability and histories of homelessness
have a dedicated rental subsidy that is not conditional on participation in supportive services and
includes the same rights and responsibilities of tenancy legally guaranteed by a lease agreement
and access to intensive coordinated supportive services designed to support tenants to live
independently with improved health outcomes and reduced emergency system utilization.
(IV) Shelters, emergency overflow beds, beds in service pursuant to emergency protocols,
any other form of transient or exigent housing that has an average stay of less than three days, or
housing options that are under the primary oversight of the division of housing in the department
of local affairs;
(V) A health facility, as defined in section 24-33.5-1202; or
(VI) A community -based organization or program that has a primary mission of providing
supportive services to individuals released from jail or prison, or otherwise involved in the
criminal justice system, and that does not require the individual to have a primary behavioral
health disorder in order to receive services, including housing.
(18) (a) "State agency" means any state department, state office, or state division in Colorado
that administers a behavioral health program.
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(b) "State agency" does not include the judicial branch of state government.
(19) "State board" means the state board of human services created pursuant to section 26 -1-
107.
(20) "Substance use disorder" means a chronic relapsing brain disease, characterized by
recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including
health problems, disability, and failure to meet major responsibilities at work, school, or home.
(21) "Substance use disorder program" means a program for the detoxification, withdrawal,
maintenance, or treatment of a person with a substance use disorder.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1443, § 1, effective July 1. L.
2023: (4), (7), IP(11), and (13) amended and (11)(g) repealed, (HB 23 -1236), ch. 206, p. 1056, §
17, effective May 16; (8.5) and (13.5) added, (HB 23 -1269), ch. 377, p. 2264, § 4, effective June
5. L. 2024: (11.5), (13.7), and (14.5) added, (HB 24 -1217), ch. 264, p. 1737, § 1, effective May
28. L. 2026: (6) amended and (17.3) added, (HB 26 -1378), ch. 245, p. 1391, § 2, effective May
29; (14) amended, (HB 26 -1069), ch. 303, p. 1737, § 7, effective June 2; (17.5) added, (SB 26 -
113), ch. 302, p. 1717, § 1, effective August 12.
27-50-102. Behavioral health administration - creation - coordination - health oversight
agency.
(1) There is established in the department of human services the behavioral health
administration. Nothing in this subsection (1) precludes any future legislative action taken
pursuant to section 27-60-203 (5) regarding the future location of the BHA.
(2) The BHA is charged with creating a coordinated, cohesive, and effective behavioral
health system in Colorado. Any state agency that administers a behavioral health program shall
collaborate with the BHA to achieve the goals and objectives established by the BHA. In order to
ensure regular engagement with other state agencies and to maintain alignment in state programs,
resource allocation, priorities, and strategic planning, the commissioner shall chair a regular
meeting of the executive directors of state agencies.
(3) For the purpose of overseeing the behavioral health -care system in Colorado and
discharging the BHA's duties as described in this article 50, the BHA is a health oversight
agency, as defined in 45 CFR 164.501.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1446, § 1, effective July 1. L.
2023: (3) added, (HB 23-1236), ch. 206, p. 1057, § 18, effective May 16.
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27-50-103. Behavioral health commissioner - appointment - powers, duties, and
functions - subdivisions of the BHA.
(1) The governor shall appoint the commissioner, who is the head of the BHA. The
commissioner has the full authority, with the governor, to lead and develop the state's vision and
strategy for behavioral health for children, youth, and adults.
(2) The commissioner shall:
(a) Be well-versed in behavioral health;
(b) Be registered to vote in Colorado during the commissioner's term of service; and
(c) Have no pecuniary interest, directly or indirectly, in any behavioral health company or
agency other than as a behavioral health services recipient.
(3) The commissioner shall ensure that:
(a) Behavioral health programs delivered by state agencies and commercial payers are
comprehensive, evidence -based, affordable, high quality, equity -focused, and easily accessible
for all Coloradans;
(b) Behavioral health strategies, program priorities, and funding allocations for behavioral
health align with the vision set forth by the BHA and the governor; and
(c) There is a streamlined approach to using public money to improve behavioral health
across the continuum of care from prevention to recovery.
(4) The commissioner shall engage with the legislative and judicial branches of government
to achieve the state's vision for behavioral health.
(5) The commissioner may establish subdivisions, sections, or units necessary for the proper
discharge of the powers, duties, and functions of the BHA.
(6) The commissioner shall establish an infrastructure to oversee and be accountable for
policy, strategy, and services for children and youth.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1447, § 1, effective July 1.
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27-50-104. Powers and duties of the commissioner - rules.
(1) (a) The commissioner may adopt "commissioner rules" for behavioral health programs
administered and services provided by the BHA as listed in section 27 -50-105 (1). The rules
must be promulgated in accordance with section 24-4-103.
(b) Any rules adopted by the executive director of the department of human services prior to
July 1, 2022, to implement the behavioral health programs to be administered and services to be
provided by the BHA listed in section 27 -50-105 (1), and whose content meets the definition of
"executive director rules" pursuant to section 26 -1-108, are effective until revised, amended, or
repealed by the commissioner.
(2) "Commissioner rules" are solely within the province of the commissioner, except those
determinations precluded by authority granted to the state board of human services.
"Commissioner rules" must include:
(a) Matters of internal administration in the BHA, including organization, staffing, records,
reports, systems, and procedures;
(b) Fiscal and personnel administration for the BHA; and
(c) Accounting and fiscal reporting rules for disbursement of federal funds, contingency
funds, and proration of available appropriations.
(3) Whenever a statutory grant of rule -making authority in this title 27 refers to the BHA, it
means the behavioral health administration acting through either the state board of human
services, the commissioner, or both. When exercising rule -making authority pursuant to this title
27, the BHA shall promulgate rules consistent with the powers and the distinction between
"board rules" as set forth in section 26 -1-107 and "commissioner rules" as set forth in this
section.
(4) The rules promulgated by the commissioner pertaining to this title 27 are binding upon
the behavioral health providers, vendors, and agents of the BHA. At any public hearing relating
to a proposed rule, interested persons have the right to present the person's data, views, or
arguments orally. Proposed rules of the commissioner are subject to section 24-4-103.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1447, § 1, effective July 1.
27-50-105. Administration of behavioral health programs - state plan - sole mental
health authority - gifts, grants, or donations - repeal.
(1) The BHA shall administer and provide the following behavioral health programs and
services:
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(a) The regulation of recovery residences pursuant to part 10 of this article 50;
(b) The behavioral health crisis response system created pursuant to section 27-60-103;
(c) The behavioral health capacity tracking system created pursuant to section 27-60-104.5;
(d) The jail-based behavioral health services program created pursuant to section 27-60-106;
(e) Criminal justice diversion programs pursuant to section 27-60-106.5;
(f) Peer support professionals and recovery support services organizations pursuant to
section 27-60-108;
(g) The youth mental health services program created pursuant to section 27-60-109;
(h) Behavioral health-care services for rural and agricultural communities pursuant to section
27-60-110;
(i) The county-based behavioral health grant program created pursuant to section 27-60-111;
(j) The behavioral health -care workforce development program created pursuant to section
27-60-112;
(k) The statewide care coordination infrastructure pursuant to section 27-60-204;
(l) High -fidelity wraparound services for children and youth pursuant to article 62 of this
title 27;
(m) The behavioral health safety net system pursuant to article 63 of this title 27;
(n) The 988 crisis hotline enterprise created pursuant to section 27-64-103;
(o) The care and treatment of persons with mental health disorders pursuant to article 65 of
this title 27;
(p) The community mental health services purchase program pursuant to section 27-66-104;
(q) The standards for approval in the community mental health services purchase program
pursuant to section 27-66-105;
(r) Trauma-informed care standards of approval pursuant to section 27-66-110;
(s) The community transition specialist program created pursuant to article 66.5 of this title
27;
(t) The "Children and Youth Mental Health Treatment Act", article 67 of this title 27;
(u) Medication consistency for individuals with behavioral or mental health disorders in the
criminal and juvenile justice systems pursuant to article 70 of this title 27;
(v) Grants for public programs pursuant to section 27-80-103;
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(w) The purchase of prevention and treatment services pursuant to section 27-80-106;
(x) The designation of managed service organizations pursuant to section 27-80-107;
(y) The "Increasing Access to Effective Substance Use Disorder Services Act" pursuant to
section 27-80-107.5;
(z) The coordination of state and federal funds and programs pursuant to section 27-80-109;
(aa) Addiction counselor training requirements pursuant to section 27-80-111;
(bb) The treatment program for high-risk pregnant women created pursuant to section 27-80-
112;
(cc) The rural alcohol and substance abuse prevention and treatment program created
pursuant to section 27-80-117;
(dd) The care navigation program pursuant to section 27-60-204;
(ee) to (gg) Repealed.
(hh) Temporary financial housing assistance for individuals with substance use disorders
pursuant to section 27-80-125;
(ii) Repealed.
(jj) Controlled substances licensing pursuant to part 2 of article 80 of this title 27;
(kk) The comprehensive and coordinated program for the treatment of persons with
substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs
pursuant to section 27-81-105;
(ll) The standards for public and private treatment facilities that receive public funds
pursuant to section 27-81-106;
(mm) Acceptance for substance use disorder treatment pursuant to section 27-81-108;
(nn) V oluntary treatment of persons with substance use disorders pursuant to section 27 -81-
109;
(oo) V oluntary treatment for persons intoxicated by alcohol, under the influence of drugs, or
incapacitated by substances pursuant to section 27-81-110;
(pp) The emergency commitment of persons pursuant to section 27-81-111;
(qq) The involuntary commitment of a person with a substance use disorder pursuant to
section 27-81-112;
(rr) Emergency service patrols pursuant to section 27-81-115;
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(ss) Payment for treatment pursuant to section 27-81-116;
(tt) The maternal and child health pilot program pursuant to part 2 of article 82 of this title
27;
(uu) Human services referral services pursuant to section 29-11-203;
(vv) DUI treatment programs pursuant to article 2 of title 42;
(ww) Alcohol and drug driving safety education or treatment pursuant to section 42 -4-
1301.3;
(xx) Gambling addiction account funding pursuant to section 44-30-1301; and
(yy) Sports betting funding pursuant to section 44-30-1509.
(2) (a) The BHA shall formulate a comprehensive state plan for substance use disorder
treatment and mental health services programs for the purpose of administering the federal block
grant funds described in subsection (2)(c) of this section. The BHA shall submit the state plan to
the governor and, upon the governor's approval, submit the state plan to the appropriate United
States agency for review and approval.
(b) The BHA is designated as the sole entity for the supervision of the administration of the
state plan.
(c) The BHA is designated the official mental health authority and is authorized to receive
and administer:
(I) Grants-in-aid from the federal government pursuant to 42 U.S.C. sec. 246; and
(II) Other grants from the federal government for the provision of mental health or integrated
behavioral health services.
(3) The BHA may provide consultation and conduct training programs at the state, regional,
or local level to support the professional development of licensed or approved behavioral health
providers. The BHA may reimburse providers for reasonable and necessary expenses incurred in
attending the training programs.
(4) The BHA may seek, accept, and expend gifts, grants, or donations from private or public
sources for the purpose of administering any behavioral health program or service described in
subsection (1) of this section. The commissioner, with the approval of the governor, may direct
the disposition of any gift, grant, or donation for any purpose consistent with the terms and
conditions for which the gift, grant, or donation was given.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1448, § 1, effective July 1. L.
2023: (1)(dd) amended and (4) added, (HB 23 -1236), ch. 206, p. 1057, § 19, effective May 16;
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(1)(a) amended, (HB 23-1204), ch. 145, p. 622, § 2, effective August 7. L. 2024: (1)(g) amended,
(SB 24-001), ch. 367, p. 2470, § 2 effective June 4. L. 2026: (1)(ee) and (1)(ii) repealed and
(1)(gg) amended, (HB 26 -1378), ch. 245, p. 1392, § 3, effective May 29; (1)(a) amended and
(1)(ff) repealed, (SB 26-113), ch. 302, p. 1731, § 6, effective August 12.
Editor's note: (1) Subsection (1)(gg)(II) provided for the repeal of subsection (1)(gg),
effective July 1, 2026. (See L. 2026, p. 1392.)
(2) Subsection (1)(gg) was amended in HB 26 -1378, effective May 29, 2026. For the
amendments in effect from May 29, 2026, until July 1, 2026, see chapter 245, Session Laws of
Colorado 2026. (L. 2026, p. 1392.)
27-50-106. Transfer of functions.
(1) The powers, duties, and functions previously administered by the department of public
health and environment concerning licensing behavioral health entities pursuant to article 27.6 of
title 25 shall transfer to the BHA over a period of two years, with all functions fully transferred
to the BHA by January 1, 2025, as follows:
(a) The department of public health and environment shall continue issuing and renewing
behavioral health entity licenses until September 30, 2023, after which date the department of
public health and environment shall not renew or confer any new behavioral health entity
licenses. Behavioral health entities that are licensed by the department of public health and
environment are subject to the rules and orders of the department of public health and
environment until such rules and orders are revised, amended, repealed, or nullified. The
department of public health and environment shall continue compliance monitoring and
enforcement activities until all licenses the department of public health and environment has
conferred are expired, revoked, or surrendered, but not after December 31, 2025.
(b) On July 1, 2023, the department of public health and environment shall transfer any
applications pending as of that date to the BHA for disposition.
(c) On July 1, 2023, the BHA shall begin licensing functions for all new or renewal
behavioral health entity licenses. Behavioral health entities that are licensed by the BHA are
subject to the rules and orders of the state board of human services, including those transferred
and not repealed.
(d) Rules concerning behavioral health entities promulgated by the state board of human
services pursuant to this section only apply to those behavioral health entities that are licensed by
the BHA.
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(2) No later than July 1, 2024, all behavioral health entities must be licensed by, and in
compliance with the rules and orders of, the state board of human services.
(3) The department of public health and environment and the BHA shall coordinate to ensure
that the oversight and licensing of behavioral health entities transfers smoothly between the
department of public health and environment and the BHA without any delays in oversight or
related duties.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1452, § 1, effective July 1. L.
2023: IP(1) and (1)(a) amended, (HB 23-1236), ch. 206, p. 1058, § 20, effective May 16.
27-50-107. State board of human services - rules.
(1) The state board of human services created pursuant to section 26 -1-107 is the type 1
board for promulgating, revising, and repealing BHA rules.
(2) Any rules promulgated by the state board of human services to implement the provisions
of this article 50 or any other behavioral health program administered or service provided by the
department of human services prior to July 1, 2022, are effective until revised, amended, or
repealed by the state board of human services.
(3) The state board of human services may promulgate rules that include, but are not limited
to:
(a) Any rules necessary to carry out the purposes of a behavioral health program
administered by the BHA as listed in section 27 -50-105, including record keeping, data
collection, and health information organization network connection;
(b) Conditions that may be imposed on a behavioral health entity for licensure;
(c) Conditions that may be imposed on a behavioral health program for the program to
receive public funds as part of the behavioral health safety net system created pursuant to part 3
of this article 50;
(d) Requirements for public and private agencies, organizations, and institutions that the
BHA may purchase services from pursuant to section 27 -80-106 (1), which requirements must
include prohibiting the purchase of services from agencies, organizations, and institutions that
deny or prohibit access to medical services or substance use disorder treatment and services to a
person who is participating in prescribed medication -assisted treatment, as defined in section 23 -
21-803, for a substance use disorder; and
(e) (I) Standards that addiction counselors must meet to participate in behavioral health
programs or to provide purchased services, and requirements necessary for addiction counselors
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to be certified by the state board of addiction counselor examiners, pursuant to part 8 of article
245 of title 12.
(II) The rules promulgated pursuant to subsection (3)(e)(I) of this section must include
education requirements for certified addiction technicians, certified addiction specialists, and
licensed addiction counselors.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1453, § 1, effective July 1.
27-50-108. Systemwide behavioral health grievance system.
(1) (a) On or before July 1, 2024, the BHA shall create and implement a process for
collecting, analyzing, and addressing behavioral health system grievances across payers,
behavioral health administrative services organizations, managed care entities, and providers at a
systemic level that leverages and does not duplicate existing grievance resolution programs. The
BHA shall analyze grievances to identify and address service delivery gaps and to inform
statewide behavioral health system policy.
(b) The BHA shall, at a minimum, track grievances by behavioral health provider, topic,
region, managed care entity, behavioral health administrative services organizations, payer
source, service, or diagnosis and aggregate demographic data. In order to promote transparency,
accountability, and system collaboration, the BHA shall publish, at least annually, aggregated and
anonymized data on grievances on a public-facing website.
(c) The BHA shall implement a plan to streamline grievance resolution programs, promote
transparency, improve consumer experience, and promote clarity and transparency.
(2) On or before July 1, 2024, the BHA shall solicit input from the behavioral health
administration advisory council created pursuant to section 27 -50-701, the sub -committees
created pursuant to section 27 -50-703, and demographically diverse stakeholders to develop a
process for addressing individual grievances when traditional grievance programs fail.
(3) The BHA may refer individual grievances to the office of the ombudsman for behavioral
health access to care, created pursuant to section 27 -80-303, when an individual may require
further intervention or support to resolve the grievance in accordance with the charge of the
ombudsman.
(4) On or before July 1, 2024, the BHA and state agencies shall execute formal data -sharing
agreements addressing data sharing consistent with state and federal requirements, cooperation
between the BHA and state agencies, and any other provisions necessary to implement this
section. At a minimum, the BHA and the following entities shall execute such agreements:
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(a) The ombudsman for medicaid managed care, established in section 25.5-5-406.1;
(b) The ombudsman for behavioral health access to care, designated pursuant to section 27 -
80-303; and
(c) The child protection ombudsman, appointed pursuant to section 19 -3.3-102 (3)(a)(I). All
data released by the ombudsman shall comply with section 19-3.3-103.5 (1) and (2).
(5) The BHA may promulgate rules as needed to implement this section.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1453, § 1, effective July 1. L.
2025: (4)(c) amended, (HB 25-1200), ch. 270, p. 1398, § 12, effective August 6.
27-50-109. Centralized digital consent repository working group - duties - report -
repeal. (Repealed)
Source: L. 2024: Entire section added, (HB 24-1217), ch. 264, p. 1737, § 2, effective May 28.
Editor's note: Subsection (7) provided for the repeal of this section, effective September 1,
2026. (See L. 2024, p. 1737.)
27-50-110. Friends and family input form - rules.
(1) (a) On or before July 1, 2025, the BHA shall create a friends and family input form to
allow an individual to provide a treating professional or a licensed or designated facility or
organization with information related to a patient receiving mental health or substance use
services, including:
(I) Information about a patient's:
(A) Diagnosis;
(B) Past hospitalizations;
(C) De-escalation techniques;
(D) Current and past providers and their contact information;
(E) Potential triggers;
(F) Housing status;
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(G) Family history, relationships, or social context;
(H) Current medical conditions; and
(I) Current and past medications; and
(II) Any other information as determined by the BHA based on feedback received from
stakeholders.
(b) The friends and family input form must include a clear statement that the friends and
family input form may become part of the patient's medical record.
(2) On or before October 1, 2024, the BHA shall convene one or more meetings to obtain
input and recommendations from stakeholders, including consumer advocates; behavioral health
providers, including behavioral health safety net providers; representatives from the department
of public health and environment and the department of corrections; individuals with expertise in
state and federal privacy law; and individuals who have accessed mental health or substance use
services, concerning the best practices for creation and use of the friends and family input form
described in subsection (1) of this section.
(3) (a) The friends and family input form may be accepted in writing or electronically by any
health-care facility or provider licensed or designated by the BHA, any licensee as defined in
section 12-245-202 (8), any registrant as defined in section 12 -245-202 (16), the department of
public health and environment, the department of corrections, a county or district public health
agency, the department of health care policy and financing, or any other treatment facility for
individuals with behavioral or mental health disorders.
(b) Covered entities may accept partially completed submissions of the friends and family
input form.
(c) A treating professional or a licensed or designated facility or organization shall not
distribute the friends and family input form to any other entity if a patient expressly prohibits
disclosure, except if a court or other legal authority has ordered the disclosure.
(d) Nothing in this section shall be construed to modify or alter any generally accepted
ethics, standards, protocols, or laws governing treating professionals. A covered entity, treating
professional, or the professional's designee is not subject to any civil, criminal, or regulatory
sanction for acting or failing to act in response to the information contained in the friends and
family input form or for declining to accept a friends and family input form.
(e) If a patient explicitly objects to a covered entity receiving information regarding the
patient from a specific individual, the covered entity is not required to accept information from
the specific individual.
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(4) A friend or family member providing information about an individual shall ensure the
information is accurate to the best knowledge of the friend or family member providing the
information.
(5) (a) An individual with a close, personal interest in the well -being of the patient may
provide information pursuant to this subsection (5).
(b) A treating professional or a licensed or designated facility or organization may accept
input in writing or through email from another individual.
(c) A treating professional or a licensed or designated facility or organization may accept
input verbally, including through voicemail. If a treating professional or a licensed or designated
facility or organization accepts input verbally, the treating professional or licensed or designated
facility or organization shall establish and document the process for accepting verbal input.
(d) The provider shall acknowledge receipt of the input provided pursuant to this subsection
(5) but is not required to disclose additional information.
(6) (a) If the disclosures are permitted by HIPAA, a provider may share a patient's
information with family, friends, or any individual with a close, personal interest in the well -
being of the patient without the patient's consent if the patient is not present or is incapacitated
and the treating professional or the professional's designee determines, based on professional
judgment, that it is in the best interest of the patient.
(b) If a provider discloses information about a patient without the patient's consent pursuant
to subsection (6)(a) of this section, the provider shall discuss only the information that an
individual involved needs to know about a patient's care or payment.
(c) A provider or facility shall not inform a patient's family, friends, or any individual with a
close, personal interest in the well -being of the patient about a past medical problem that is
unrelated to the patient's current condition.
(d) A provider is not required by HIPAA to share a patient's information when the patient is
not present or is incapacitated. The provider may wait until the patient has the opportunity to
agree to the disclosure.
(7) The BHA shall create a resource page for both providers and families on its website that
includes the friends and family input form and information from federal guidance documents and
shall notify interested stakeholders of the availability of the friends and family input form and
resource page.
(8) The BHA shall promulgate rules for behavioral health safety net providers related to
maintaining and releasing patient information and implementing the friends and family input
form.
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Source: L. 2024: Entire section added, (HB 24-1217), ch. 264, p. 1737, § 2, effective May 28.
PART 2
BEHA VIORAL HEALTH SYSTEM MONITORING
27-50-201. Behavioral health system monitoring - capacity - safety net performance.
(1) On or before July 1, 2024, the BHA shall establish a performance monitoring system to
track capacity and performance of all behavioral health providers, including those that contract
with managed care entities or behavioral health administrative services organizations, and inform
needed changes to the public and private behavioral health system in the state.
(2) The BHA shall set minimum performance standards for treatment of children, youth, and
adults that address key metrics for behavioral health providers and behavioral health
administrative services organizations licensed by the BHA pursuant to part 5 of this article 50,
including but not limited to:
(a) Accessibility of care, including:
(I) Availability of services;
(II) Timeliness of service delivery; and
(III) Capacity tracking consistent with section 27-60-104.5; and
(b) Quality of care, including appropriate triage and access based on client need and for
priority populations.
(3) In setting minimum performance standards, the BHA shall collaborate with state agencies
to consider:
(a) Evidence-based and promising practices;
(b) Themes identified through grievances pursuant to section 27-50-108;
(c) Input from the behavioral health administration advisory council created pursuant to
section 27-50-701;
(d) Alignment with existing state and federal requirements;
(e) Alignment with the BHA's comprehensive state plan developed pursuant to section 27 -
50-105 (2); and
(f) Reducing the administrative burden of data collection and reporting for behavioral health
providers.
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(3.5) (a) In setting minimum performance standards for children and youth under twenty -one
years of age, the BHA shall consult with a working group, including members from the
department of health care policy and financing, the department of human services, county
departments of human or social services, managed care entities, hospitals, and other relevant
stakeholders, including stakeholders who represent individuals with intellectual and
developmental disabilities, to help develop the performance monitoring system framework that
addresses the minimum performance standards for treatment of children and youth pursuant to
subsection (2) of this section. The framework must consider measures of accountability for
children and youth who are boarding or in extended stay.
(b) The working group may, through gifts, grants, or donations, enter into an agreement with
a third -party contractor that has expertise in child welfare and youth mental health research,
including outcome measurement and impact analysis, to assist in developing the framework.
(c) No later than April 1, 2024, the working group shall submit the framework to the BHA to
inform the performance monitoring system. The BHA shall make the framework publicly
available on the BHA's website.
(3.7) (a) (I) Beginning September 1, 2023, and each quarter thereafter until October 1, 2024,
each hospital shall report information to the BHA that is consistent with federal privacy laws in a
form and manner specified by the BHA on the total number of children and youth patients who
were boarding or had extended stays in the previous quarter; if known, how many children and
youth who were boarding or had extended stays and were in county custody at the time they
were boarding or had extended stays; and, to the extent possible, for patients who were
ultimately discharged during the quarter, where the patients were discharged to.
(II) Beginning September 1, 2023, and each quarter thereafter until October 1, 2024, the
department of human services, in consultation with county departments of human or social
services, shall report information to the BHA in a form and manner specified by the BHA that is
consistent with federal privacy laws on the total number of children and youth in the custody of,
or who had involvement with, a county department of human or social services who spent time at
least overnight in a hotel or a county department of human or social services office as a stopgap
setting.
(b) (I) No later than September 1, 2023, and each quarter thereafter until October 1, 2024,
the BHA shall report aggregated and de-identified information submitted to the BHA pursuant to
subsection (3.7)(a) of this section to the working group. The BHA shall make the de -identified
and aggregated data publicly available on the BHA's website.
(II) If the information reported pursuant to this subsection (3.7)(b) is not able to be
aggregated and de -identified in compliance with the federal "Health Insurance Portability and
Accountability Act of 1996", as amended, 42 U.S.C. secs. 1320d to 1320d -9, the BHA shall not
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report the information until the population is large enough to be reported in compliance with the
federal law.
(4) The BHA and the department of health care policy and financing shall collaborate to
align performance metrics and standards for providers, managed care entities, and behavioral
health administrative services organizations to the greatest extent possible.
(5) (a) The BHA shall collaborate with the department of health care policy and financing to
establish data collection and reporting requirements that align with the performance standards
established in this section and that are of a high value in promoting systemic improvements. In
establishing data collection and reporting requirements, the BHA must consider the impact on
behavioral health providers and clients and state information technology systems.
(b) Where applicable, the BHA shall coordinate with the health information organization
networks to prioritize leveraging the health information organization network infrastructure to
meet the requirements of this section and to promote the interoperable exchange of data to
improve the quality of patient care. The BHA shall coordinate with the health information
organization networks on relevant provisions of the universal contract pursuant to section 27 -50-
203 (1)(a).
(6) Compliance with the requirements described in this section shall be enforced through:
(a) The universal contracting provisions developed pursuant to section 27-50-203;
(b) Designation of behavioral health administrative services organizations pursuant to
section 27-50-402; and
(c) Applicable licensing standards, including licensing behavioral health entities pursuant to
part 5 of this article 50.
(7) The BHA shall analyze the data collected pursuant to this section and create public -
facing system accountability platforms to report on performance standards for behavioral health
providers, behavioral health administrative services organizations, and managed care entities.
(8) The BHA shall document how the BHA's activities conducted pursuant to this section
comply with state and federal privacy laws and standards.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1455, § 1, effective July 1. L.
2023: (5) amended, (HB 23 -1236), ch. 206, p. 1058, § 21, effective May 16; (3.5) and (3.7)
added, (HB 23-1269), ch. 377, p. 2264, § 5, effective June 5.
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27-50-202. Formal agreements - state agencies and tribal governments.
(1) On or before July 1, 2023, the commissioner shall collaborate with state agencies and
tribal governments, while respecting tribal sovereignty, to implement formal agreements between
the BHA and state agencies, and the BHA and tribal governments that have initiatives, funding,
programs, or services related to behavioral health. The formal agreements must provide the
structure for implementing behavioral health standards by formalizing expectations specific to:
(a) Collaborative problem solving for challenges that arise in the behavioral health system;
(b) Consideration of BHA funding and resource allocation priorities across the behavioral
health continuum of care, including primary prevention and harm reduction, as well as
recommendations for other state agencies' and tribal governments' funding priorities, to ensure a
coordinated statewide effort to align behavioral health funding with the BHA's vision,
demonstrated gaps in funding or resource allocation, and governor priorities;
(c) Data sharing and health information sharing, including a process for data sharing and
analysis that:
(I) Prioritizes protection of patient privacy and, to the extent possible, eliminates any sharing
of personally identifiable information and personal health information; and
(II) Must be transparently disclosed to all relevant parties;
(d) Requiring, when applicable, the use of the universal contracting provisions generated in
collaboration with state agencies pursuant to section 25 -50-203 and the use of behavioral health
administrative services organizations pursuant to part 4 of this article 50;
(e) Reporting and data sharing to the BHA, including behavioral -health-related metrics, to
ensure state agencies and tribal governments share data;
(f) Managed care entity standards, such as use of nationally recognized practice guidelines
for utilization management approved by the BHA and shared parameters for network adequacy;
(g) Parity monitoring and compliance to support the department of health care policy and
financing's and the division of insurance's enforcement of parity provisions; and
(h) A method for the state agencies and tribal governments to inform the BHA of problems
that need resolution and to collaborate with the BHA to address those problems.
(2) The commissioner, in collaboration with state agencies and tribal governments, shall
annually review the formal agreements and update the formal agreements as necessary. Formal
agreements may be expanded to other state agencies and branches of government as needed and
appropriate.
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Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1456, § 1, effective July 1.
27-50-203. Universal contracting provisions - requirements.
(1) The BHA shall work with the department of health care policy and financing, in
collaboration with relevant stakeholders and other state agencies, to develop universal
contracting provisions to be used by state agencies when contracting for behavioral health safety
net services in the state. The universal contracting provisions must provide clear, standardized
requirements addressing at least the following:
(a) Minimum data collection standards and reporting, including electronic data and
participation in health information organization networks;
(b) Grievance and occurrence reporting, including to the BHA;
(c) Consequences for not meeting contract requirements; and
(d) Ensuring individuals are connected to the services the individuals require within the
behavioral health safety net system.
(2) The universal contracting provisions do not require the expansion of data collection
beyond the data already being collected by a state agency, tribal government, or contractor.
(3) Additional terms not included in the universal contract may be negotiated and added by
the contracting parties.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1457, § 1, effective July 1. L.
2025: (1) and (2) amended, (HB 25-1124), ch. 61, p. 252, § 2, effective August 6.
Cross references: For the legislative declaration in HB 25 -1124, see section 1 of chapter 61,
Session Laws of Colorado 2025.
27-50-204. Reporting.
(1) Beginning October 1, 2022, and each October 1 thereafter, the BHA shall prepare and
submit a report, known as the behavioral health system plan, to the joint budget committee and
the public and behavioral health and human services committee of the house of representatives
and the health and human services committee of the senate, or any successor committees. At a
minimum, the report must include a description of the BHA's vision and strategy for the
behavioral health system, updates on performance standards developed pursuant to section 27 -
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50-201 (2), analysis of the grievances collected pursuant to section 27-50-108, updates on formal
agreements and collaborations with state agencies pursuant to this article 50, opportunities to
improve reimbursement for integrated physical and mental health services, updates on care
coordination pursuant to section 27 -50-301 (3), and the report of the advisory council created
pursuant to section 27-50-701.
(2) Beginning January 1, 2023, and each January 1 thereafter, the BHA shall present the
report prepared pursuant to subsection (1) of this section as part of its "State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by
section 2-7-203.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1458, § 1, effective July 1.
PART 3
BEHA VIORAL HEALTH SAFETY NET SYSTEM
27-50-301. Behavioral health safety net system implementation.
(1) No later than July 1, 2024, the BHA, in collaboration with the department of health care
policy and financing and the department of public health and environment, shall establish a
comprehensive and standardized behavioral health safety net system throughout the state that
must include behavioral health safety net services for children, youth, and adults, including
adults who have a serious mental illness and children and youth who have a serious emotional
disturbance, along a continuum of care.
(2) The BHA shall ensure that all Coloradans have access to the behavioral health safety net
system, which must:
(a) Proactively engage priority populations with adequate case management and care
coordination throughout the care continuum;
(b) Promote competency in de-escalation techniques;
(c) Develop, maintain, and utilize adequate networks for timely access to treatment,
including high -intensity behavioral health treatment and community -based treatment for
children, youth, and adults;
(d) Require collaboration with all state and local law enforcement jurisdictions and counties
in the service area, including judicial districts and county departments of human or social
services;
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(e) Triage individuals who need services outside the scope of the behavioral health safety net
system;
(f) Incorporate and demonstrate trauma-informed care practices;
(g) Promote patient-centered care and cultural awareness;
(h) Update information as requested by the BHA about available treatment options and
outcomes in each region of the state;
(i) Prioritize relevant programs or services eligible for federal grants or reimbursement,
including relevant programs or services identified in the federal Title IV -E prevention services
clearinghouse;
(j) Utilize evidence -based or evidence -informed programming to promote quality services;
and
(k) Meet any other criteria established by the BHA.
(3) In establishing the standardized and comprehensive behavioral health safety net system,
the BHA shall:
(a) In collaboration with state agencies and the advisory council created pursuant to section
27-50-701, establish and routinely assess what types of behavioral health services are provided
on a community, regional, and statewide basis for children, youth, and adults. The BHA shall
ensure that, at a minimum, the following behavioral health safety net services are available for
children, youth, and adults statewide:
(I) Emergency or crisis behavioral health services;
(II) Mental health and substance use outpatient services;
(III) Behavioral health high-intensity outpatient services;
(IV) Behavioral health residential services;
(V) Withdrawal management services;
(VI) Behavioral health inpatient services;
(VII) Mental health and substance use recovery supports;
(VIII) Integrated care services;
(IX) Care management;
(X) Outreach, education, and engagement services;
(XI) Outpatient competency restoration;
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(XII) Care coordination;
(XIII) Hospital alternatives;
(XIV) Screening, assessment, and diagnosis, including risk assessment, crisis planning, and
monitoring to key health indicators; and
(XV) Additional services that the BHA determines are necessary in a region or throughout
the state.
(b) When routinely assessing the services available regionally and statewide, as required in
subsection (3)(a) of this section, assess adequacy of funding and resources necessary to
implement the behavioral health system plan pursuant to section 27-50-204;
(c) Set clinical and practice standards and health, safety, and welfare standards, including
standards specific to children and youth, when appropriate, through the licensing of behavioral
health entities and the approval of behavioral health safety net providers;
(d) Establish statewide, regional, and local behavioral health network adequacy standards,
including standards specific to children and youth, when appropriate; and
(e) Implement a behavioral health administrative services organization structure pursuant to
part 4 of this article 50.
(4) Except as provided in section 27 -50-303, behavioral health safety net providers shall not
refuse to treat an individual based on the individual's:
(a) Insurance coverage, lack of insurance coverage, or ability to pay;
(b) Clinical acuity level related to the individual's behavioral health condition or conditions,
including whether the individual has been certified for short -term treatment or long -term care
and treatment pursuant to article 65 of this title 27;
(c) Readiness to transition out of the Colorado mental health institute at Pueblo, the
Colorado mental health institute at Fort Logan, or any other mental health institute or licensed
facility providing inpatient psychiatric services or acute care hospital providing stabilization
because the individual no longer requires inpatient care and treatment;
(d) Involvement in the criminal or juvenile justice system;
(e) Current involvement in the child welfare system;
(f) Co-occurring mental health and substance use disorders, physical disability, or intellectual
or developmental disability, irrespective of primary diagnosis, co -occurring conditions, or if an
individual requires assistance with activities of daily living or instrumental activities of daily
living, as defined in section 12-270-104 (6);
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(g) Displays of aggressive behavior, or history of aggressive behavior, as a symptom of a
diagnosed mental health disorder or substance use disorder;
(h) Clinical presentation or behavioral presentation in any previous interaction with a
provider;
(i) Place of residence; or
(j) Disability, age, race, creed, color, sex, sexual orientation, gender identity, gender
expression, marital status, national origin, ancestry, or tribal affiliation.
(5) The BHA may promulgate rules or determine other appropriate processes to approve
behavioral health providers as behavioral health safety net providers. Behavioral health providers
that do not hold a license from the BHA but are otherwise licensed or authorized to provide
behavioral health services in the state of Colorado are eligible to be approved as behavioral
health safety net providers.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1459, § 1, effective July 1. L.
2023: (1) amended, (HB 23-1236), ch. 206, p. 1059, § 22, effective May 16.
27-50-302. Requirement to serve priority populations - screening and triage for
individuals in need of behavioral health services - referrals.
(1) Except as provided in this section, comprehensive community behavioral health
providers must provide the safety net services listed in section 27 -50-101 (11) to priority
populations.
(2) Except as provided in section 27 -50-303, essential behavioral health safety net providers
shall provide the safety net service or services that they contract with the behavioral health
administrative services organization or managed care entity to provide to priority populations.
(3) Notwithstanding any other provision of this section to the contrary, emergency and crisis
services must be available to any individual who is experiencing a behavioral health crisis,
regardless of whether the individual is a priority population.
(4) (a) When a priority population client initiates treatment with a behavioral health safety
net provider, prior to the intake the provider shall complete an initial screening and triage process
to determine urgency and appropriateness of care with the provider.
(b) The behavioral health safety net provider shall use standard criteria, as determined by the
BHA, for determining whether a client's needs exceed the clinical expertise of the provider.
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(c) If a priority population client's needs exceed the treatment capacity or clinical expertise
of an essential behavioral health safety net provider, the provider shall refer the client to another
appropriate provider.
(d) If a priority population client's needs exceed the treatment capacity or clinical expertise
of a comprehensive community behavioral health provider, the provider must ensure that the
client has access to interim behavioral health services in a timely manner until the client is
connected to the most appropriate provider for ongoing care. This may include use of providers
within the network of the behavioral health administrative services organization or the regional
managed care entity.
(e) The comprehensive community behavioral health provider shall obtain approval from the
behavioral health administrative services organization under which the provider is operating, or
the regional managed care entity for medicaid clients, prior to referring a priority population
client to alternative services; except that an individual experiencing a behavioral health crisis
may be referred to emergency or crisis services without prior approval.
(f) A behavioral health safety net provider shall include services that address the language,
ability, and cultural barriers, as necessary, to serve communities of color and other underserved
populations.
(5) When referring a client to alternative services, a behavioral health safety net provider
shall assist the client in identifying and initiating services with an appropriate provider for
ongoing care. As appropriate, the behavioral health safety net provider shall use the behavioral
health administrative services organization or, for medicaid clients, the regional managed care
entity for care coordination.
(6) (a) Behavioral health safety net providers shall track the following information for all
individuals who were referred to alternative services pursuant to this section:
(I) Client demographics;
(II) Standardized descriptions of the needs of the client that could not be met and require the
client to be referred to another provider;
(III) The outcome and timeliness of the referral; and
(IV) Any other information required by the BHA.
(b) The provider shall provide the report at regular intervals to the BHA and to either the
behavioral health administrative services organization under which the provider is operating or,
for medicaid clients, to the managed care entity.
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Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1462, § 1, effective July 1. L.
2023: (4)(f) added, (HB 23-1236), ch. 206, p. 1059, § 23, effective May 16.
27-50-303. Essential behavioral health safety net providers - approval to serve limited
priority populations.
(1) Essential behavioral health safety net providers must serve all priority populations unless
the universal contracting provisions with the behavioral health administrative services
organization limit the provider's scope and responsibility to a specific underserved population
pursuant to subsection (2) of this section.
(2) Behavioral health administrative services organizations may contract with an essential
behavioral health safety net provider to provide a safety net service or services, including those
determined necessary pursuant to section 27 -50-301 (3)(a)(XV), to only one or more specific
underserved populations within the priority populations.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1463, § 1, effective July 1.
27-50-304. Behavioral health safety net provider network - incentives - preferred status
- rules.
(1) The BHA shall ensure that each region in the state includes a network of behavioral
health safety net providers that collectively offer a full continuum of behavioral health services.
(2) The BHA shall provide statewide technical assistance specific to strengthening and
expanding the behavioral health safety net system and increasing provider participation within
the publicly funded behavioral health safety net provider network.
(3) The BHA and state agencies, through the behavioral health administrative services
organizations established pursuant to part 4 of this article 50 and managed care entities as
defined in section 25.5-5-403, shall:
(a) Subject to performance and available funds, provide behavioral health safety net
providers with opportunities for quality incentives, value -based payment, or other enhanced
payments or preferred contract statuses;
(b) Prioritize comprehensive community behavioral health providers in awarding contracts
for behavioral health services; and
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(c) Consider, upon application, behavioral health safety net providers for state -administered
and county -administered grant funds related to the prevention, treatment, recovery, and harm
reduction for behavioral health services.
(4) To be eligible for enhanced service payments, behavioral health safety net providers must
meet specific BHA licensing or approval standards, pursuant to part 5 of this article 50.
(5) To meet the requirement in subsection (1) of this section, the behavioral health
administrative services organizations and managed care entities may contract with potential and
existing approved safety net providers to expand service capacity in a specific region of the state.
(6) Nothing in this section limits the ability of state agencies to award contracts or grants for
the procurement of behavioral health services directly to any county, city and county,
municipality, school district, health service district, or other political subdivision of the state or
any county, city and county, district, or juvenile court, or to any nonprofit or for -profit
organization in accordance with applicable law.
(7) The BHA may promulgate rules as necessary to implement this section.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1463, § 1, effective July 1.
27-50-305. Resources to support behavioral health safety net providers - independent
third-party contract. (Repealed)
Source: L. 2024: Entire section added, (HB 24-1045), ch. 470, p. 3290, § 27, effective August
7. L. 2026: Entire section repealed, (HB 26-1378), ch. 245, p. 1391, § 1, effective May 29.
PART 4
BEHA VIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATIONS
27-50-401. Regional behavioral health administrative services organizations -
establishment.
(1) No later than July 1, 2025, the BHA shall select and contract with regionally informed
behavioral health organizations to establish, administer, and maintain adequate networks of
behavioral health safety net services and care coordination, as described in part 3 of this article
50.
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(2) The BHA shall establish a community -informed structure for a behavioral health
administrative services organization to operate. In establishing the behavioral health
administrative services organization structure, the BHA shall consult with the department of
health care policy and financing to ensure consideration of the regional structure that serves the
medicaid population.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1464, § 1, effective July 1. L.
2023: Entire section amended, (HB 23-1236), ch. 206, p. 1059, § 24, effective May 16.
27-50-402. Behavioral health administrative services organizations - application -
designation - denial - revocation.
(1) At least once every five years, the commissioner shall solicit applications through a
competitive bid process pursuant to the "Procurement Code", articles 101 to 112 of title 24, for
entities to apply to be a behavioral health administrative services organization. Any qualified
public or private corporation; for -profit or not -for-profit organization; or public or private
agency, organization, or institution may apply in the form and manner determined by the BHA's
rules. The BHA is authorized to award contracts to more than one applicant. The BHA shall use
competitive bidding procedures to encourage competition and improve the quality of services.
(2) The commissioner shall select a behavioral health administrative services organization
based on factors established by BHA rules and the "Procurement Code", articles 101 to 112 of
title 24. The BHA shall require an applicant to furnish letters of support from stakeholders in the
region the applicant is applying to contract for, including, but not limited to, county
commissioners and advocacy or community -based organizations. The letters of support must
demonstrate the applicant's ability to serve the community. The factors for selection must
include, but are not limited to, the following:
(a) The applicant's experience working with publicly funded clients, including expertise in
treating priority populations determined by the BHA;
(b) The applicant's experience working with and engaging relevant stakeholders in the
service area, including behavioral health providers; state and local agencies; and the local
community, including advocacy organizations and clients of behavioral health services;
(c) The extent to which real or perceived conflicts of interest between the applicant and
behavioral health facilities or behavioral health providers are mitigated; and
(d) The extent to which the applicant's board complies with conflict of interest policies,
including to the following:
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(I) The board shall not have more than fifty percent of contracted providers as board
members;
(II) Providers who have ownership or board membership in a behavioral health
administrative services organization shall not have control or decision -making authority in the
establishment of provider networks; and
(III) An employee of a contracted provider of a behavioral health administrative services
organization shall not also be an employee of the behavioral health administrative services
organization unless the employee is the clinical officer or utilization management director of the
behavioral health administrative services organization. If the individual is also an employee of a
provider that has board membership or ownership in the behavioral health administrative
services organization, the behavioral health services organization shall develop policies approved
by the commissioner to mitigate any conflict of interest the employee may have.
(e) The extent to which the applicant's board membership reflects the diversity and interests
of relevant stakeholders, including, but not limited to, representation by individuals with lived
behavioral health experience and family of individuals with lived behavioral health experience.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1465, § 1, effective July 1. L.
2023: IP(2) amended, (HB 23-1236), ch. 206, p. 1059, § 25, effective May 16.
27-50-403. Behavioral health administrative services organizations - contract
requirements - individual access - care coordination.
(1) The BHA shall develop a contract for designated behavioral health administrative
services organizations, which must include, but is not limited to, the following:
(a) Requirements to establish and maintain a continuum of care and network adequacy in the
service area consistent with part 3 of this article 50, including but not limited to providing all
behavioral health safety net services described in section 27-50-301;
(b) Expectations for subcontracting with behavioral health safety net providers and other
providers, consistent with part 3 of this article 50, including prioritization of comprehensive
community behavioral health providers;
(c) Expectations for adherence to the universal contracting provisions developed pursuant to
section 27 -50-203 and use of the universal contracting provisions with all relevant
subcontractors;
(d) Reporting requirements related to claiming federal funding for eligible services and
programs;
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(e) Prohibitions on denying or prohibiting access to any medically necessary behavioral
health service, including medication -assisted treatment, as defined in section 23 -21-803, for a
substance use disorder;
(f) Requirements to serve all individuals in need of services and a specific prohibition on
denial of services for any of the reasons provided in section 27-50-301 (4);
(g) Agreements on data collection and reporting, including any provisions necessary to
implement section 27-50-201;
(h) Procedures related to corrective actions pursuant to section 27-50-402;
(i) Any provisions necessary to ensure the behavioral health administrative services
organization fulfills the functions provided in subsection (2) of this section;
(j) Requirements for calculating and reporting the annual administrative costs. The BHA
shall establish and enforce the maximum allowable administrative cost ratios for the behavioral
health administrative services organizations and report the actual performance of each behavioral
health administrative services organization annually.
(k) A requirement that the behavioral health administrative services organization perform
appropriate fiscal management and quality oversight of providers in its network within the scope
of the provider's contract, including, but not limited to, the behavioral health administrative
services organization directly engaging in audits and corrective action plans with providers in its
network to ensure compliance with the contract.
(l) Requirements for the behavioral health administrative services organizations to
collaborate with diversion programs, statewide criminal justice programs, and the bridges
wraparound care program created pursuant to article 8.6 of title 16 when the programs are
available in the behavioral health administrative services organization's region.
(2) A behavioral health administrative services organization shall:
(a) Proactively engage hard -to-serve individuals with adequate case management and care
coordination throughout the care continuum;
(b) Implement trauma-informed care practices;
(c) Accept and provide behavioral health safety net services to individuals outside of the
behavioral health administrative services organization's region;
(d) Promote competency in de-escalation techniques;
(e) Through network adequacy and other methods, ensure timely access to treatment,
including high -intensity behavioral health treatment and community -based treatment for all
individuals including children, youth, and adults;
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(f) Require collaboration with all local law enforcement and county agencies in the service
area, including county departments of human or social services and local collaborative
management programs within the service area;
(g) Triage individuals who need alternative services outside the scope of the behavioral
health safety net system;
(h) Promote patient -centered care, cultural awareness, and coordination of care to
appropriate behavioral health safety net providers;
(i) Collaborate with schools and school districts in the service area to identify gaps in
services and to promote student access to behavioral health services at school and in the
contracting with providers to build the network of behavioral health safety net services, inclusion
of relevant programs or services eligible for federal grants or reimbursement, including relevant
programs or services identified in the federal Title IV-E prevention services clearinghouse;
(j) Update information as requested by the BHA about available treatment options and
outcomes in each region of the state;
(k) Utilize evidence-based or evidence-informed programming to promote quality services;
(l) Consider, when contracting with providers to build the network of behavioral health
safety net services, inclusion of relevant programs or services eligible for federal grants or
reimbursement, including relevant programs or services identified in the federal Title IV -E
prevention services clearinghouse; and
(m) Meet any other criteria established by the BHA.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1466, § 1, effective July 1. L.
2023: (1)(i) amended and (1)(k) added, (HB 23 -1236), ch. 206, p. 1061, § 30, effective May 16;
(2)(f) amended, (HB 23-1249), ch. 287, p. 1730, § 10, effective August 7. L. 2024: (1)(l) added,
(HB 24-1355), ch. 471, p. 3315, § 16, effective August 7.
Cross references: For the legislative declaration in HB 23 -1249, see section 1 of chapter 287,
Session Laws of Colorado 2023.
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27-50-404. Care coordination - responsibilities of behavioral health administrative
services organizations - coordination with managed care entities.
(1) (a) Behavioral health administrative services organizations and managed care entities
have the shared responsibility of providing care coordination services in a manner consistent
with article 60 of this title 27 for individuals utilizing the behavioral health safety net system.
(b) Managed care entities are responsible for providing care coordination services, as
required by section 25.5-5-419, to individuals enrolled in the state medical assistance program.
(c) Behavioral health administrative services organizations are responsible for providing care
coordination services, whether directly or through contract with behavioral health safety net
providers, to individuals who are not currently enrolled in the state medical assistance program,
with access for priority populations as required by part 3 of this article 50.
(d) The BHA shall publish on the BHA's website an easily accessible list of secure
transportation providers, as defined in section 27 -65-102, that have contracts with behavioral
health administrative services organizations. The list must include the contact information for the
secure transportation provider, including an active phone number or website.
(2) The BHA shall establish objective and standardized processes for care coordination,
including:
(a) Coordination between behavioral health administrative services organizations and other
care coordination entities, including managed care entities, case management agencies, counties,
and other behavioral health administrative services organizations, to ensure continuity of care
across shared populations consistent with subsection (1) of this section;
(b) Referral processes between entities, including a behavioral health administrative services
organization's responsibility to provide care coordination to an individual pending
commencement of care coordination services by another entity; and
(c) Processes to ensure efficient and person -centered care coordination services for
individuals who have acute and complex needs, including individuals involved in the civil
involuntary treatment system pursuant to articles 65 and 81 of this title 27; individuals
transitioning out of treatment settings or acute care settings; and individuals involved in the child
welfare, juvenile justice, or criminal justice systems.
(3) A behavioral health administrative services organization shall ensure care coordination
services through its network and include local partners, when appropriate, such as counties,
school districts, the office of bridges of Colorado established in article 95 of title 13, and local
collaborative management programs.
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Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1468, § 1, effective July 1. L.
2023: (3) amended, (HB 23 -1249), ch. 287, p. 1730, § 11, effective August 7. L. 2024: (3)
amended, (HB 24-1355), ch. 471, p. 3315, § 17, effective August 7. L. 2026: (1)(d) added, (HB
26-1063), ch. 322, p. 1878, § 2, effective August 12.
Cross references: For the legislative declaration in HB 23 -1249, see section 1 of chapter 287,
Session Laws of Colorado 2023.
27-50-405. Behavioral health administrative services organizations - stakeholder input -
report - rules.
(1) Each behavioral health administrative services organization shall develop a process to
solicit and respond to input from stakeholders about behavioral health services and gaps in the
service area. A behavioral health administrative services organization shall publicly post an
annual report that includes:
(a) A report on the stakeholder input received in the prior year, anonymized and aggregated
to protect individual privacy;
(b) Descriptions of how the behavioral health administrative services organization has
responded to, or plans to respond to, stakeholder input from the prior year, including descriptions
of policy or practice changes or explanations of why no changes were made; and
(c) The plan for stakeholder engagement for the upcoming year.
(2) In soliciting and responding to input from stakeholders pursuant to subsection (1) of this
section, the behavioral health administrative services organization shall, at a minimum, engage
the following stakeholders within the service area:
(a) Clients of behavioral health services and their families;
(b) Behavioral health safety net providers;
(c) Counties;
(d) Law enforcement;
(e) Hospitals and physical health providers; and
(f) Judicial districts.
(3) The behavioral health administrative services organization may also engage stakeholders
in neighboring service areas, as appropriate.
(4) The BHA may promulgate rules as necessary to implement this section.
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Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1469, § 1, effective July 1.
PART 5
BEHA VIORAL HEALTH ENTITIES
27-50-501. Behavioral health entities - license required - criminal and civil penalties.
(1) (a) On and after January 1, 2024, it is unlawful for any person, partnership, association,
or corporation to conduct or maintain a behavioral health entity, including a substance use
disorder program or alcohol use disorder program, without having obtained a license from the
BHA.
(b) On and after January 1, 2024, an entity seeking initial licensure as a behavioral health
entity shall apply for a behavioral health entity license from the BHA if the entity would
previously have been licensed or subject to any of the following:
(I) Behavioral health entity licensure by the department of public health and environment;
(II) Approval or designation by the office of behavioral health, as it existed before July 1,
2022, or the BHA pursuant to this article 50 or article 66 of this title 27; or
(III) Approval by the office of behavioral health, as it existed before July 1, 2022, or the
BHA pursuant to section 27 -81-106 as an approved treatment program for substance use
disorders.
(c) A facility with a license or approval on or before December 31, 2023, as a behavioral
health entity or a substance use disorder program shall apply for a behavioral health entity
license prior to the expiration of the facility's current license or approval. Such a facility is
subject to the standards under which it is licensed or approved as of January 1, 2024, until such
time as the BHA's behavioral health entity license is issued or denied.
(2) Any person who violates the provisions of this section is guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine of not less than fifty dollars but not more
than five hundred dollars and may be subject to a civil penalty assessed by the BHA of not less
than fifty dollars but not more than one hundred dollars for each day the person is in violation of
this section. The assessed penalty accrues from the date the BHA finds that the person is in
violation of this section. The BHA shall assess, enforce, and collect the penalty in accordance
with article 4 of title 24 and credit the money to the general fund. Enforcement and collection of
the penalty occurs following the decision reached in accordance with procedures set forth in
section 24-4-105.
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(3) (a) Notwithstanding any provision of law to the contrary, the BHA shall only issue or
renew a license described in this part 5 if the BHA receives a certificate of compliance for the
applicant's building or structure from the division of fire prevention and control in the
department of public safety in accordance with part 12 of article 33.5 of title 24; except that:
(I) An applicant that provides only telehealth services is not required to receive a certificate
of compliance; and
(II) An applicant that provides only outpatient services may receive a certificate of
compliance from the division of fire prevention and control based on inspections conducted by a
fire department, as defined in section 24 -33.5-1202, that employs an inspector certified pursuant
to section 24-33.5-1211 rather than from the division of fire prevention and control.
(b) The BHA shall take action on an application for licensure within thirty days after the date
that the BHA receives from the applicant all of the necessary information and documentation
required for licensure.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1469, § 1, effective July 1. L.
2023: (1)(a), IP(1)(b), and (1)(c) amended, (HB 23 -1236), ch. 206, p. 1060, § 26, effective May
16. L. 2026: (3) amended, (HB 26-1116), ch. 377, p. 2344, § 2, effective August 12.
27-50-502. Behavioral health entities - minimum standard - rules.
(1) No later than January 1, 2024, the BHA shall promulgate rules pursuant to section 24 -4-
103 providing minimum standards for the operation of behavioral health entities within the state,
including the following:
(a) Requirements to be met by all behavioral health entities to ensure the health, safety, and
welfare of all behavioral health entity consumers, including, at a minimum:
(I) Requirements for consumer assessment, treatment, care coordination, patient rights, and
consumer notice;
(II) Administrative and operational standards for governance; consumer records and record
retention; personnel; admission and discharge criteria; policies and procedures to ensure
compliance with regulatory and contract requirements; and quality management;
(III) Data reporting requirements;
(IV) Physical plant standards, including infection control; and
(V) Occurrence reporting requirements pursuant to section 27-50-510;
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(b) Service -specific requirements that apply only to behavioral health entities electing to
provide that service or set of services, including, at a minimum, standards for the specific types
of behavioral health safety net services and other behavioral health services along the continuum
of care created by the BHA pursuant to part 3 of this article 50, including but not limited to:
(I) Essential behavioral health safety net provider standards; and
(II) Comprehensive community behavioral health provider standards;
(c) Procedures for mandatory BHA inspections of behavioral health entities;
(d) Procedures for written plans for a behavioral health entity to correct violations found as a
result of inspections;
(e) Intermediate enforcement remedies;
(f) Factors for behavioral health entities to consider when determining whether an applicant's
conviction of or plea of guilty or nolo contendere to an offense disqualifies the applicant from
employment with the behavioral health entity. The state board of human services may determine
which offenses require consideration of these factors.
(g) Timelines for compliance with behavioral health entity standards that exceed the
standards under which a behavioral health entity was previously licensed or approved.
(2) In approving or rejecting an essential behavioral health safety net provider for eligibility
for enhanced service delivery payment, the commissioner shall:
(a) Require training on and provision of culturally competent and trauma-informed services;
(b) Consider the adequacy and quality of the services provided, taking into consideration
factors such as geographic location, local community need, and availability of workforce;
(c) Require written policies and procedures on admitting, discharging, triaging, and denying
services to clients in alignment with the standards determined by the BHA pursuant to sections
27-50-302 and 27-50-303;
(d) Require that overall responsibility for the administration of an essential behavioral health
safety net provider be vested in a director who is a physician or a member of one of the licensed
mental health professions, unless the provider is only providing recovery support services. If the
director is not a licensed physician or licensed mental health professional, the provider shall
employ or contract with at least one licensed physician or licensed mental health professional to
advise the director on clinical decisions.
(e) Require that essential behavioral health safety net provider staff include, wherever
feasible and appropriate in the discretion of the commissioner, medical staff able to provide
medical clearance on site, and other professional staff workers such as psychologists, social
workers, educational consultants, peers, community health workers, and nurses, with such
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qualifications, responsibilities, and experience that corresponds with the size and capacity of the
provider; and
(f) Require that each essential behavioral health safety net provider from which services may
be purchased:
(I) Be under the control and direction of a county or local board of health, a board of
directors or board of trustees of a corporation, a for -profit or not -for-profit organization, a
regional mental health board, or a political subdivision of the state;
(II) Be free of conflicts of interest; and
(III) Enter into a contract developed pursuant to section 27 -50-203 and accept publicly
funded clients.
(3) In approving or rejecting a comprehensive community behavioral health provider for
eligibility for enhanced service delivery payment, the commissioner shall adhere to the standards
for essential behavioral health safety net providers established in subsection (2) of this section,
and the commissioner shall also:
(a) Require that treatment programs of the comprehensive community behavioral health
provider be vested in a director who is a physician or a member of one of the licensed mental
health professions. The director is not required to provide oversight or direction for recovery
services. If the director is not a physician or licensed mental health professional, the provider
shall contract with at least one licensed physician or licensed mental health professional to advise
the director on clinical decisions.
(b) Consider whether the comprehensive community behavioral health provider has
historically served medically needy or medically indigent patients and demonstrates a
commitment to serve low -income and medically indigent populations or, in the case of a sole
community provider, serves the medically indigent patients within its medical capability;
(c) Require the comprehensive community behavioral health provider to waive charges or
charge for services on a sliding scale based on income and require that the provider not restrict
access or services because of an individual's financial limitations;
(d) Require the comprehensive community behavioral health provider to serve priority
populations;
(e) Encourage the comprehensive community behavioral health provider to emphasize the
care and treatment of individuals recently released from incarceration and hospitals or facilities
directed toward assisting individuals with behavioral or mental health disorders in the
individual's adjustment to and functioning in the community;
(f) Require a process for tracking and reporting denials of care; and
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(g) Require that the board in control and direction of the comprehensive community
behavioral health provider include voting members that have lived experience with mental health
disorders and substance use disorders and parents of children with mental health disorders and
substance use disorders.
(4) In approving or rejecting local general or psychiatric hospitals, nontraditional facilities,
innovative care models, and other behavioral health facilities or programs for the purchase or
designation of services not provided by essential or comprehensive community behavioral health
providers, the commissioner shall consider the following factors:
(a) The general quality of care provided to patients by such agencies;
(b) The organization of the medical staff to provide for the integration and coordination of
the psychiatric treatment program;
(c) The provisions for the availability of nursing, psychological, and social services and the
existence of an organized program of activities under the direction of an occupational therapist or
another qualified person;
(d) The licensure of such entity by the department of public health and environment or
another state agency where applicable;
(e) The methods by which the agency coordinates its services with those rendered by other
agencies to ensure an uninterrupted continuum of care to individuals with behavioral or mental
health disorders; and
(f) The availability of such services to the general public.
(5) In approving or rejecting behavioral health safety net providers pursuant to subsections
(2) and (3) of this section, or other agencies pursuant to subsection (4) of this section, for the
purchase of services, the commissioner shall ensure the behavioral health safety net providers
and agencies comply with federal financial participation requirements for department -
administered programs.
(6) In addition to these duties, the BHA may promulgate rules related to additional
competencies related to serving priority populations. Behavioral health safety net providers
approved by the BHA as demonstrating these additional competencies may be eligible for
enhanced rates. State agencies shall consider such approved status in determining payment
methodologies for services provided.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1471, § 1, effective July 1. L.
2023: IP(1) amended, (HB 23-1236), ch. 206, p. 1060, § 27, effective May 16.
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27-50-503. Licenses - application - inspection - issuance.
(1) An application for a license to operate a behavioral health entity must be submitted to the
BHA annually in the form and manner prescribed by the BHA.
(2) (a) The BHA shall investigate and review each original application and each renewal
application for a license to operate a behavioral health entity. The BHA shall determine an
applicant's compliance with this article 50 and the rules adopted pursuant to section 27 -50-504
before the BHA issues a license.
(b) The BHA shall inspect the applicant's facilities as it deems necessary to ensure that the
health, safety, and welfare of the behavioral health entity's consumers are protected. The
behavioral health entity shall submit in writing, in a form prescribed by the BHA, a plan
detailing the measures that the behavioral health entity will take to correct any violations found
by the BHA as a result of inspections undertaken pursuant to this subsection (2).
(3) The BHA shall keep all health -care information or documents obtained during an
inspection or investigation of a behavioral health entity pursuant to subsection (2) of this section
confidential. Any such records, information, or documents obtained are exempt from disclosure
pursuant to sections 24-72-204 and 27-50-510.
(4) (a) With the submission of an application for a license to operate a behavioral health
entity, or within ten days after a change in ownership or management of a behavioral health
entity, each owner and manager shall submit a complete set of the owner's or manager's
fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint -
based criminal history record check. The Colorado bureau of investigation shall forward the
fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based
criminal history record checks. Each owner and each manager shall pay the Colorado bureau of
investigation the costs associated with the fingerprint -based criminal history record check. Upon
completion of the criminal history record check, the Colorado bureau of investigation shall
forward the results to the BHA. The BHA may acquire a name -based criminal history record
check for an applicant who has twice submitted to a fingerprint -based criminal history record
check and whose fingerprints are unclassifiable.
(b) The BHA shall use the information from the criminal history record checks performed
pursuant to subsection (4)(a) of this section to determine whether the person applying for
licensure has been convicted of a crime that involves conduct that the BHA determines could
pose a risk to the health, safety, or welfare of a behavioral health entity's consumers. The BHA
shall consider that persons in recovery may have a history of criminal justice involvement and
that criminal history does not require a dismissal of an application for a license. The BHA shall
keep information obtained in accordance with this subsection (4) confidential.
(5) The BHA shall not issue a license to operate a behavioral health entity if the owner or
manager of the behavioral health entity has been convicted of a felony or misdemeanor that
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involves conduct that the BHA determines could pose a risk to the health, safety, or welfare of
the behavioral health entity's consumers.
(6) Except as otherwise provided in subsection (7) of this section, the BHA shall issue or
renew a license to operate a behavioral health entity when it is satisfied that the applicant or
licensee is in compliance with the requirements set forth in this article 50 and the rules
promulgated pursuant to this article 50. Except for provisional licenses issued in accordance with
subsection (7) of this section, a license issued or renewed pursuant to this section expires one
year after the date of issuance or renewal.
(7) (a) The BHA may issue a provisional license to operate a behavioral health entity to an
applicant for the purpose of operating a behavioral health entity for a period of ninety days if the
applicant is temporarily unable to conform to all of the minimum standards required pursuant to
this article 50; except that the BHA shall not issue a provisional license to an applicant if the
operation of the behavioral health entity will adversely affect the health, safety, or welfare of the
behavioral health entity's consumers.
(b) As a condition of obtaining a provisional license, the applicant shall show proof to the
BHA that attempts are being made to conform and comply with the applicable standards required
pursuant to this article 50.
(c) The BHA shall not grant a provisional license prior to the completion of a criminal
history background check in accordance with subsection (4) of this section and a determination
in accordance with subsection (5) of this section.
(d) A second provisional license may be issued, for a like term and fee, to effect compliance.
No further provisional licenses may be issued for the current year after the second issuance
pursuant to this subsection (7)(d).
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1474, § 1, effective July 1.
27-50-504. License fees - rules.
(1) (a) By January 1, 2024, the commissioner shall promulgate rules establishing a schedule
of fees sufficient to meet the direct and indirect costs of administration and enforcement of this
part 5.
(b) The BHA shall assess and collect, from behavioral health entities subject to licensure
pursuant to section 27 -50-503, fees in accordance with the fee schedule established pursuant to
subsection (1)(a) of this section.
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(2) The BHA shall transmit fees collected pursuant to subsection (1) of this section to the
state treasurer, who shall credit the money to the behavioral health licensing cash fund created
pursuant to section 27-50-506.
(3) Fees collected pursuant to subsection (1) of this section may be used by the BHA to
provide technical assistance and education to behavioral health entities related to compliance
with Colorado law, in addition to regulatory and administrative functions. The BHA may contract
with private entities to assist the BHA in providing technical assistance and education.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1476, § 1, effective July 1. L.
2023: (1)(a) amended, (HB 23-1236), ch. 206, p. 1060, § 28, effective May 16.
27-50-505. License - denial - suspension - revocation.
(1) When an application for an initial license to operate a behavioral health entity pursuant to
section 27-50-503 has been denied by the BHA, the BHA shall notify the applicant in writing of
the denial by mailing a notice to the applicant at the address shown on the application. Any
applicant aggrieved by a denial may pursue a review as provided in article 4 of title 24, and the
BHA shall follow the provisions and procedures specified in article 4 of title 24.
(2) (a) The BHA may suspend, revoke, or refuse to renew the license of any behavioral
health entity that is out of compliance with the requirements of this part 5 or the rules
promulgated pursuant to this part 5. Suspension, revocation, or refusal must not occur until after
a hearing and in compliance with the provisions and procedures specified in article 4 of title 24;
except that the BHA may summarily suspend a behavioral health entity's license before a hearing
in accordance with section 24-4-104 (4)(a).
(b) After conducting a hearing in accordance with article 4 of title 24, the BHA may revoke
or refuse to renew a behavioral health entity's license if the owner, manager, or administrator of
the behavioral health entity has been convicted of a felony or misdemeanor involving conduct
that the BHA determines could pose a risk to the health, safety, or welfare of the behavioral
health entity's consumers.
(3) The BHA may impose intermediate restrictions or conditions on a behavioral health
entity that may include at least one of the following:
(a) Retaining a consultant to address corrective measures;
(b) Monitoring by the BHA for a specific period;
(c) Providing additional training to employees, owners, or operators of the behavioral health
entity;
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(d) Complying with a directed written plan to correct the violation; or
(e) (I) Paying a civil fine not to exceed two thousand dollars in a calendar year.
(II) The assessment of civil fines shall follow the procedures set forth in section 26.5-5-323.
(4) If the BHA assesses a civil fine pursuant to subsection (3)(e) of this section, the BHA
shall transmit the money to the state treasurer, who shall credit the money to the general fund.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1476, § 1, effective July 1. L.
2023: (2) amended, (HB 23-1236), ch. 206, p. 1060, § 29, effective May 16.
27-50-506. Behavioral health licensing cash fund - creation.
The behavioral health licensing cash fund, referred to in this section as the "fund", is created in
the state treasury. The fund consists of money credited to the fund pursuant to section 27 -50-504
(2). The money in the fund is subject to annual appropriation by the general assembly for the
direct and indirect costs of the BHA in performing its duties pursuant to this part 5 and part 10 of
this article 50. At the end of any state fiscal year, all unexpended and unencumbered money in
the fund remains in the fund and must not be credited or transferred to the general fund or any
other fund.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1477, § 1, effective July 1. L.
2026: Entire section amended, (SB 26-113), ch. 302, p. 1731, § 4, effective August 12.
27-50-507. Employee and contracted service provider - criminal history record check.
A behavioral health entity shall require an applicant seeking employment with, or seeking to
contract to provide services for, the behavioral health entity to submit to a criminal history record
check before employment or execution of a contract. The behavioral health entity shall pay the
costs of the criminal history record check. The criminal history record check must be conducted
not more than ninety days before the employment of or contract with the applicant.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1477, § 1, effective July 1.
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27-50-508. Enforcement.
The BHA is responsible for the enforcement of this article 50 and the rules adopted pursuant to
this article 50.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1477, § 1, effective July 1.
27-50-509. Purchase of services by courts, counties, municipalities, school districts, and
other political subdivisions.
Any county, city and county, municipality, school district, health service district, or other
political subdivision of the state or any county, city and county, district, or juvenile court may
enter into intergovernmental agreements with any county, municipality, school district, health
service district, or other political subdivision of the state or may enter into contractual
agreements with any provider licensed by the BHA for the purchase of behavioral health
services. For the purchase of behavioral health services by counties or cities and counties as
authorized by this section, the board of county commissioners of any county or the city council
of any city and county may levy a tax not to exceed two mills upon real property within the
county or city and county if the board first submits the question of the levy to a vote of the
qualified electors at a general election and receives the electors' approval of the levy.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1477, § 1, effective July 1.
27-50-510. Behavioral health entities - consumer information - reporting - release -
rules.
(1) Each behavioral health entity licensed, approved, or designated pursuant to this part 5
shall report to the BHA all of the following occurrences:
(a) Any occurrence that results in the death of a patient or resident of the facility and is
required to be reported to the coroner pursuant to section 30 -10-606, as arising from an
unexplained cause or under suspicious circumstances;
(b) Any occurrence that results in any of the following serious injuries to a patient or
resident:
(I) Brain or spinal cord injuries;
(II) Life -threatening complications of anesthesia or life -threatening transfusion errors or
reactions; or
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(III) Second - or third-degree burns involving twenty percent or more of the body surface
area of an adult patient or resident or fifteen percent or more of the body surface area of a child
patient or resident;
(c) Any occurrence when a patient or resident of the facility cannot be located following a
search of the facility, the facility grounds, and the area surrounding the facility, and:
(I) There are circumstances that place the patient's or resident's health, safety, or welfare at
risk; or
(II) The patient or resident has been missing for eight hours;
(d) Any occurrence involving physical, sexual, or verbal abuse of a patient or resident, as
described in section 18 -3-202, 18-3-203, 18-3-204, 18-3-206, 18-3-402, 18-3-404, or 18 -3-405,
by another patient or resident, an employee of the facility, or a visitor to the facility;
(e) Any occurrence involving caretaker neglect of a patient or resident, as defined in section
26-3.1-101 (2.3);
(f) Any occurrence involving misappropriation of a patient's or resident's property. As used in
this subsection (1)(f), "misappropriation of a patient's or resident's property" means a pattern of
or deliberately misplacing, exploiting, or wrongfully using, either temporarily or permanently, a
patient's or resident's belongings or money without the patient's or resident's consent.
(g) Any occurrence in which drugs intended for use by patients or residents are diverted to
use by other persons. If the diverted drugs are injectable, the behavioral health entity shall also
report the full name and date of birth of any individual who diverted the injectable drugs, if
known.
(h) Any occurrence involving the malfunction or intentional or accidental misuse of patient
or resident care equipment that occurs during treatment or diagnosis of a patient or resident and
that significantly adversely affects or, if not averted, would have significantly adversely affected
a patient or resident of the facility.
(2) The state board of human services shall promulgate rules specifying the manner, time
period, and form in which the reports required pursuant to subsection (1) of this section must be
made.
(3) Any report submitted pursuant to subsection (1) of this section is strictly confidential;
except that information in any such report may be transmitted to an appropriate regulatory
agency having jurisdiction for disciplinary or license sanctions. The information in such reports
shall not be made public upon subpoena, search warrant, discovery proceedings, or otherwise,
except as provided in subsection (5) of this section.
(4) The BHA shall investigate each report submitted pursuant to subsection (1) of this
section that the BHA determines was appropriately submitted. For each report investigated, the
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BHA shall prepare a summary of its findings, including the BHA's conclusions and whether there
was a violation of licensing or approval standards or a deficiency and whether the facility acted
appropriately in response to the occurrence. If the investigation is not conducted on site, the
BHA shall specify in the summary how the investigation was conducted. Any investigation
conducted pursuant to this subsection (4) is in addition to and not in lieu of any inspection
required to be conducted pursuant to section 27-50-503 (2) with regard to licensing.
(5) (a) The BHA shall make the following information available to the public:
(I) Any investigation summaries prepared pursuant to subsection (4) of this section;
(II) Any complaints against a behavioral health entity that have been filed with the BHA and
that the BHA has investigated, including the conclusions reached by the BHA and whether there
was a violation of licensing or approval standards or a deficiency and whether the facility acted
appropriately in response to the subject of the complaint; and
(III) A listing of any deficiency citations issued against each behavioral health entity.
(b) The information released pursuant to this subsection (5) shall not identify the patient or
resident or the health-care professional involved in the report.
(6) Prior to the completion of an investigation pursuant to this section, the BHA may respond
to any inquiry regarding a report received pursuant to subsection (1) of this section by
confirming that it has received such report and that an investigation is pending.
(7) In addition to the report to the BHA for an occurrence described in subsection (1)(d) of
this section, the occurrence must be reported to a law enforcement agency.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1478, § 1, effective July 1.
PART 6
NETWORK STANDARDS
27-50-601. Department of health care policy and financing - behavioral health network
standards.
(1) The statewide managed care system, created pursuant to part 4 of article 5 of title 25.5
and implemented by the department of health care policy and financing, shall use health facilities
licensed by the department of public health and environment pursuant to article 1.5 of title 25 or
licensed by the BHA pursuant to part 5 of this article 50 and individual behavioral health
practitioners licensed by the department of regulatory agencies and federally qualified health
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centers, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), when
creating statewide or regional behavioral health networks.
(2) The department of health care policy and financing shall align all community -based
behavioral health programs and networks with the behavioral health continuum of care,
behavioral health safety net services, and care coordination provider standards created by the
BHA pursuant to part 3 of this article 50.
(3) The department of health care policy and financing shall require that all behavioral health
providers enter into a contract developed pursuant to section 27 -50-203 when contracting for
community-based behavioral health services in the state.
(4) The BHA shall collaborate with the department of health care policy and financing to
support the early and periodic screening, diagnostic, and treatment benefit access and provider
network.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1480, § 1, effective July 1.
27-50-602. Division of insurance behavioral health network standards.
The commissioner of the division of insurance in the department of regulatory agencies, while
assessing and standardizing provider networks in this state pursuant to section 10 -1-108, shall
ensure community-based behavioral health networks align with the behavioral health continuum
of care, behavioral health safety net services, and care coordination provider standards created by
the BHA pursuant to part 3 of this article 50.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1481, § 1, effective July 1.
27-50-603. State agency behavioral health network and program standards.
(1) All state agencies administering community -based behavioral health programs shall
ensure the community -based behavioral health programs align with the behavioral health
continuum of care, behavioral health safety net services, and care coordination provider
standards created by the BHA pursuant to part 3 of this article 50.
(2) All state agencies shall use the universal contracting provisions developed pursuant to
section 27-50-203 when contracting for community-based behavioral health services in the state.
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Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1481, § 1, effective July 1.
PART 7
BEHA VIORAL HEALTH ADMINISTRATION ADVISORY COUNCIL
27-50-700.3. Definitions.
As used in this part 7, unless the context otherwise requires:
(1) "Advisory council" means the behavioral health administration advisory council created
in section 27-50-701 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2084, § 239, effective August
6.
27-50-701. Behavioral health administration advisory council - creation - duties -
report.
(1) There is created in the behavioral health administration the behavioral health
administration advisory council for the purpose of making recommendations to the
commissioner and the state board of human services to improve the behavioral health system for
children, youth, and adults throughout Colorado.
(2) The advisory council shall receive routine briefings from the commissioner on the
progress of the BHA and behavioral health reform efforts, including updates related to
performance data collected pursuant to section 27 -50-201 and related to formal agreements and
collaborations with state agencies pursuant to this article 50, and may provide feedback as a
method to ensure accountability and transparency. Other advisory council duties include:
(a) Providing diverse community input on challenges, gaps, and potential solutions to inform
the BHA's vision and strategic plan;
(b) Establishing working groups to support the BHA in problem solving and developing
solutions;
(c) Ensuring there is public accountability and transparency through reviewing the BHA's
public-facing transparency activities, including the performance data collected pursuant to
section 27-50-201; and
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(d) Preparing an annual report of recommendations and submitting it to the BHA by
September 1 of each year. The report shall be included in the BHA's annual behavioral health
system plan pursuant to section 27-50-204 (1).
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1481, § 1, effective July 1. L.
2025: (1) amended, (SB 25-275), ch. 377, p. 2084, § 240, effective August 6.
27-50-702. Advisory council - membership.
(1) The advisory council membership must be reflective of the demographic and geographic
populations of this state to ensure ongoing stakeholder input and involvement.
(2) (a) The advisory council consists of not less than fifteen members and not more than
twenty members appointed by the commissioner for three -year terms; except that some of the
initial terms may be for two years. In addition to maintaining a majority of members who
represent individuals with lived behavioral health experience or families of individuals with lived
behavioral health experience, the commissioner shall appoint at least one member that
represents:
(I) Rural communities;
(II) Each tribal government within Colorado;
(III) County governments;
(IV) Persons with disabilities, as defined in section 24 -34-301, a family member of a person
with a disability, or an advocacy organization for persons with disabilities;
(V) The Colorado state judicial branch, in consultation with the state court administrator's
office;
(VI) Behavioral health safety net providers;
(VII) Persons with expertise in the behavioral health needs of children and youth; and
(VIII) Persons with expertise in crime victimization, trauma, or adverse childhood
experiences as they impact the victim's lifetime.
(b) In making appointments to the advisory council, the commissioner shall consider
including members that represent the racial and ethnic diversity of the state; that represent the
lesbian, gay, bisexual, transgender, or queer or questioning community; that are involved in the
criminal or juvenile justice system; and that represent other populations with health disparities.
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Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1482, § 1, effective July 1. L.
2023: (2)(a)(IV) amended, (HB 23-1296), ch. 269, p. 1601, § 12, effective May 25.
27-50-703. Advisory council - regional subcommittees - subcommittees - working
groups.
(1) The BHA shall create a regional subcommittee structure as part of the behavioral health
administrative service organizations to promote local community input pertaining to behavioral
health service needs. In establishing a regional subcommittee structure, the BHA shall, to the
best of the BHA's ability, align geographically with judicial districts whenever feasible, taking
into consideration community feedback on where and how individuals receive services in their
communities. Regional subcommittee members are appointed for three -year terms; except that
initial terms may be for two years. The subcommittee consists of nine members. Membership of
the regional subcommittees must include:
(a) One individual with expertise in the behavioral health needs of children and youth
appointed by a local or regional public health or human service agency within the
subcommittee's region;
(b) One individual who represents a behavioral health safety net provider that operates
within the region appointed by a local or regional public health or human service agency within
the subcommittee's region;
(c) A county commissioner of a county situated within the region appointed by the BHA;
(d) One individual with a connection to a kindergarten through twelfth grade school district
within the subcommittee's region appointed by a local or regional public health or human service
agency within the subcommittee's region;
(e) One individual with the criminal justice system within the subcommittee's region
appointed by a local or regional public health or human service agency within the
subcommittee's region;
(f) One individual with lived experience or a community member who is not also a
behavioral health provider appointed by a local or regional public health or human service
agency within the subcommittee's region;
(g) One individual with lived experience appointed by the BHA; and
(h) Two individuals with lived experience not associated with a behavioral health treatment
provider appointed by the behavioral health administrative service organization created pursuant
to part 4 of this article 50 who represent the subcommittee's region.
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(1.3) The regional subcommittee is created to directly inform the behavioral health
administrative service organization in the region in order to improve services, accountability, and
transparency in the region. The behavioral health administrative service organization shall staff
all subcommittee meetings, which shall meet a minimum of six times a year and allow for public
comment during each meeting. The behavioral health administrative service organization shall
engage with the regional subcommittee, at a minimum, on the following areas:
(a) When determining what services are needed to establish a full continuum of care in the
region;
(b) When addressing barriers to individuals accessing quality and timely care in the region;
and
(c) Needed specialty services for priority populations.
(1.5) The behavioral health administration advisory council, created pursuant to section 27 -
50-701, shall establish a process to receive direct feedback from the regional subcommittee
throughout the year to consider including in the behavioral health administration advisory
council's annual report required pursuant to section 27-50-701 (2)(d).
(2) The BHA may create committees within the advisory council to meet other state and
federal board or advisory council requirements, which may include:
(a) The behavioral health planning and advisory council, authorized pursuant to 42 U.S.C.
sec. 300x-3;
(b) The mental health advisory board for service standards and rules created pursuant to
section 27-65-130; and
(c) The child and youth mental health services standards advisory board created pursuant to
section 27-67-109.
(3) Unless committee membership is established pursuant to state or federal law, the regional
subcommittee and committee membership shall maintain a majority of members who represent
individuals with lived behavioral health experience or families of individuals with lived
behavioral health experience.
(4) The advisory council has the authority to create advisory council workgroups focused on
topics of need as determined by the advisory council in collaboration with the BHA.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1482, § 1, effective July 1. L.
2023: (1) and (3) amended and (1.3) and (1.5) added, (HB 23 -1236), ch. 206, p. 1061, § 31,
effective May 16.
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PART 8
MENTAL HEALTH PROGRAMS
27-50-801. Veteran suicide prevention pilot program - rules - report - definitions -
repeal. (Repealed)
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1483, § 1, effective July 1.
Editor's note: Subsection (7) provided for the repeal of this section, effective June 30, 2025.
(See L. 2022, p. 1483.)
27-50-802. Study of health effects of felonizing fentanyl possession - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1326), ch. 225, p. 1665, § 43, effective July 1.
Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2025.
(See L. 2022, p. 1665.)
Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the
provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-
2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022.
To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements"
on the Colorado General Assembly's website.
27-50-803. Technical assistance to jails - appropriation.
(1) The behavioral health administration shall provide technical assistance to facilities in
meeting their requirements pursuant to section 17 -26-104.9 (1.5). Technical assistance includes
development and implementation of medication -assisted treatment, development of guidelines
for nonmedical evaluations, including timelines for performing a subsequent medical evaluation
and administering medical withdrawal management, approval of prescribers by the United States
drug enforcement agency, and other appropriate withdrawal management care, and assistance
with identifying bulk purchasing opportunities for necessary services.
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(2) Repealed.
Source: L. 2022: Entire section added, (HB 22-1326), ch. 225, p. 1669, § 47, effective July 1.
Editor's note: Subsection (2)(b) provided for the repeal of subsection (2), effective July 1,
2024. (See L. 2022, p. 1669).
Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the
provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-
2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022.
To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements"
on the Colorado General Assembly's website.
27-50-804. School-based mental health support program - creation - appropriation -
definitions - repeal.
(1) As used in this section, unless the context otherwise requires:
(a) "Cognitive behavioral skill -building" means a theoretical framework underlying a set of
skills that may be taught to help an individual improve emotional difficulties ranging from mild
worry or disappointment to severe depression, anxiety, or other mental illnesses.
(b) "Evidence -based" means practices, interventions, or programs that are supported by
extensive empirical data, including randomized controlled trials, supporting their efficacy for
their intended purpose.
(c) "High -quality training" means in -person or virtual training that includes content on
theory, rationale, and concrete skills; leverages demonstrations and skills practice with feedback;
is grounded in the field of implementation science; and takes into account the clinical and
environmental barriers to implementation.
(d) "Implementation and sustainment support" means providing in-person or virtual coaching
to assist public schools in planning, executing, reflecting, and building systems to embed
program practices in school operations, preferably in partnership with community -based or
hospital-based licensed mental health providers.
(e) "Mindfulness" means a framework and set of practices for helping an individual improve
awareness of the individual's own thoughts, emotions, physical feelings, and behaviors to
increase the individual's resiliency in response to common life events.
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(f) "Multi -tiered systems of support" means a framework for enhancing the implementation
of evidence -based practices to achieve positive outcomes for every student by organizing the
efforts of educators within systems to be more effective.
(g) "Program" means the school -based mental health support program created in subsection
(2) of this section.
(2) There is created in the behavioral health administration the school -based mental health
support program to provide high-quality training, resources, and implementation and sustainment
support for the existing public school educator workforce to provide evidence -based mental
health services for students through a contract with an external provider. The program shall
emphasize supporting schools in rural areas and schools with students who do not have equitable
access to mental health care.
(3) (a) No later than January 1, 2025, the BHA shall contract with an external provider to
begin implementing the program no later than the start of the 2025-26 school year.
(b) In contracting with an external provider, the BHA shall:
(I) Establish a timeline that the external provider shall follow in implementing the program;
(II) Establish a plan to evaluate the efficacy of the program across school types and student
populations;
(III) Determine, in consultation with the external provider, periodic dates on which to
provide funding to the external provider in order for the external provider to make necessary
purchases and investments to implement the program; and
(IV) Collaborate with the external provider to determine the cost of implementing the
program in at least four hundred public schools by the start of the 2027-28 school year.
(4) (a) An interested external provider must apply for the contract in the manner prescribed
by the BHA.
(b) The BHA shall select an external provider that:
(I) Does not have licensing agreements that prohibit the use of curricula or resources that a
school district already uses or intends to use in the future; and
(II) Has been subject to external, third -party evaluations that indicate its efficacy among
several different school types and with several different student subpopulations.
(c) When selecting an external provider, the BHA shall consider whether an applicant is able
to:
(I) Provide high -quality training, resources, and implementation and sustainment support
across all three tiers of the multi-tiered systems of support, which include:
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(A) Classroom-based mental wellness and resiliency skills for students;
(B) Cognitive behavioral skill -building and mindfulness skill -building for anxiety or
depression for youth who demonstrate an additional need for mental health support; and
(C) Resources and training to manage suicide risk and coordinate care among families,
schools, and external providers for youth who are at risk of suicide; and
(II) In consideration of local control, flexibly partner with school districts to enable school
districts to decide which tiers from among the mental health multi -tiered systems of support to
implement; and
(III) Use evidence -based mental health practices that have been subject to external
evaluation, randomized controlled trials, and peer review.
(5) In selecting the external provider, the BHA shall prioritize applicants that:
(a) Are not-for-profit entities;
(b) Incur one -time costs and do not require recurring or additional expenses paid for by the
BHA beyond the first year of implementation;
(c) Have a demonstrated history of partnerships, and a clear strategy for building future
partnerships, with community or hospital -based providers to assist public schools in
implementing mental health supports for students; and
(d) Have a demonstrated history of funding internal and external evaluations of the efficacy
of the external provider's program in partnership with institutions of higher education or
organizations that have similar skills in conducting randomized controlled trials and other
quantitative and qualitative evaluation techniques.
(6) (a) For the 2024 -25 state fiscal year, the general assembly shall appropriate two million
five hundred thousand dollars from the general fund to the department of human services for use
by the BHA to administer the program.
(b) The BHA may use up to one hundred thousand dollars of the total appropriation to
administer the application and selection process described in subsections (4) and (5) of this
section.
(7) This section is repealed, effective July 1, 2028.
Source: L. 2024: Entire section added, (HB 24-1406), ch. 101, p. 318, § 2, effective April 18.
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Cross references: For the legislative declaration in HB 24 -1406, see section 1 of chapter 101,
Session Laws of Colorado 2024.
27-50-805. Contingency management grant program - creation - definitions - repeal.
(1) As used in this section, unless the context otherwise requires:
(a) "Contingency management program" means an evidence -based treatment program that
provides motivational incentives to treat individuals with a stimulant use disorder.
(b) "Grant program" means the contingency management grant program created in
subsection (2) of this section.
(c) "Stimulant use disorder" means a substance use disorder, as defined in section 27 -80-203
(23.3), involving a class of drugs that includes cocaine, methamphetamine, or prescription
stimulants.
(d) "Substance use disorder treatment program" has the same meaning as set forth in section
27-80-203 (23.5).
(2) There is created in the behavioral health administration the contingency management
grant program to provide grants to substance use disorder treatment programs that implement a
contingency management program for individuals with a stimulant use disorder.
(3) (a) Grant recipients may use the money received through the grant program for staffing,
training, supplies, administrative costs, the costs of vouchers and prizes up to five hundred
ninety-nine dollars per client during the treatment period, and other related expenses as approved
by the BHA.
(b) Any money received through the grant program must supplement and not supplant
existing substance use disorder treatment and other health -care services. Grant recipients shall
not use money received through the grant program for ongoing or existing executive and senior
staff salaries or services already covered by medicaid or a client's insurance.
(4) The BHA shall administer the grant program and, subject to available appropriations,
shall award grants as provided in this section.
(5) In selecting grant recipients, the BHA shall prioritize applicants that reside in a
jurisdiction with demonstrated need to help mitigate overdose incidents and overdose deaths.
(6) The BHA may contract with a grant application and support team to assist the BHA with
drafting the grant application, reviewing applications, and administering and processing grant
awards.
(7) This section is repealed, effective July 1, 2027.
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Source: L. 2024: Entire section added, (HB 24-1045), ch. 470, p. 3290, § 28, effective August
7.
PART 9
SIXTH THROUGH TWELFTH GRADE MENTAL HEALTH SCREENING ACT
27-50-901 to 27-50-903. (Repealed)
Source: L. 2025: Entire part repealed, (SB 25-238), ch. 141, p. 533, § 2, effective April 28.
Editor's note: This part 9 was added in 2023 and was not amended prior to its repeal in 2025.
For the text of this part 9 prior to 2025, consult the 2024 Colorado Revised Statutes and the
Colorado statutory research explanatory note beginning on page vii in the front of this volume.
PART 10
RECOVERY RESIDENCES
27-50-1001. Regulation of recovery residences - license - violations and penalties - rules.
(1) On and after July 1, 2027, it is unlawful for a person to conduct or maintain a recovery
residence without having obtained a license from the BHA.
(2) A person that has been found to have violated subsection (1) of this section by a court of
competent jurisdiction may be subject to a civil penalty assessed by the BHA of not less than
fifty dollars but not more than one hundred dollars for each day the unlicensed recovery
residence violated subsection (1) of this section. The assessed penalty accrues from the date the
BHA finds that the person is in violation of this section. The BHA shall assess, enforce, and
collect the penalty in accordance with article 4 of title 24 and credit the money to the general
fund. Enforcement and collection of the penalty occurs following the decision reached in
accordance with procedures set forth in section 24-4-105.
(3) The BHA shall take action on an application for licensure within thirty days after the date
that the BHA receives the complete application.
(4) (a) Beginning July 1, 2027, a licensed, registered, or certified health -care provider; a
behavioral health administrative services organization; a managed care entity, as defined in
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section 25.5 -5-802 (5); a managed care organization, as defined in section 25.5 -5-403 (5); a
licensed health-care facility; or a governmental entity shall not refer an individual to a recovery
residence or purchase or contract for services from a recovery residence unless the recovery
residence has obtained a license from the behavioral health administration.
(b) (I) A recovery residence that is certified pursuant to section 27 -80-129 as of June 30,
2027, shall give notice to the BHA prior to July 1, 2027, in the form and manner prescribed by
the BHA, that the recovery residence:
(A) Holds a certification as of June 30, 2027;
(B) Is in compliance with all applicable rules for operating a recovery residence adopted
pursuant to section 27-50-1002; and
(C) Intends to pursue a recovery residence license from the BHA pursuant to this section.
(II) The certified recovery residence may operate in this state and receive referrals. A
certification is in lieu of licensure until the recovery residence is licensed.
(c) (I) A certified recovery residence shall submit an application for licensure to the BHA no
less than sixty days prior to one year after the date the recovery residence's certification was last
issued pursuant to section 27-80-129. The application must be submitted in the form and manner
prescribed by the BHA pursuant to section 27-50-1003.
(II) On and after July 1, 2028, a recovery residence previously certified pursuant to section
27-80-129 shall not operate without applying and being approved for a license pursuant to
section 27-50-1003.
(d) Beginning July 1, 2027, a certified recovery residence shall report the occurrences
described in section 27 -50-1006 to the BHA. The reporting requirements in section 27 -50-1006
continue to apply after the certified recovery residence receives a license pursuant to section 27 -
50-1003.
(e) Beginning July 1, 2027, the BHA may inspect a recovery residence as it deems necessary
to ensure the recovery residents' health, safety, and welfare are protected. The recovery residence
shall submit in writing, in the form and manner prescribed by the BHA, a plan detailing the
measures that the recovery residence will take to correct violations found by the BHA as a result
of inspections conducted pursuant to this subsection (4)(e). The BHA may take additional actions
in accordance with section 27-50-1005.
(5) (a) A recovery residence owner, employee, or manager, or an individual related to a
recovery residence owner, employee, or manager, shall not directly or indirectly:
(I) Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or
material value for an application to reside in the recovery residence or for any process to
determine whether an individual will reside in the recovery residence; or
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(II) Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or
material value from a toxicology laboratory that provides confirmation testing or point -of-care
testing for recovery residents.
(b) Subsection (5)(a)(I) of this section does not prevent a recovery residence from receiving
payment or fees:
(I) For an individual to reside and receive supports in a recovery residence; or
(II) For supportive services that are required to place the recovery resident.
(6) (a) A recovery residence shall not deny admission to an individual based on the
individual's participation in prescribed medication -assisted treatment, as defined in section 23 -
21-803, for a substance use disorder, including any prescribed or dispensed agonist treatment that
is approved by the federal food and drug administration. The recovery residence shall not require
an individual to discontinue or taper usage of medication -assisted treatment as a condition of
residing in the recovery residence.
(b) A recovery residence shall not categorically prohibit a recovery resident's ability to take
prescribed medications, including controlled medications, in accordance with a physician's
orders. Admission to, or continued residence in, a recovery residence must not be contingent
upon the cessation of taking prescribed medications unless the recovery residence determines,
through an individualized assessment, that the recovery resident's use of the medication poses a
risk to the safety of the recovery residents, or to the recovery environment, and that the risk
cannot be mitigated by reasonable accommodation. In making an individualized determination,
the recovery residence shall consider individual factors for the recovery resident who is
prescribed the medication that may mitigate or increase risk of misuse or diversion of the
prescribed medication. The recovery residence shall establish policies and procedures to
implement this subsection (6)(b).
(c) A recovery residence may implement requirements related to the storage and
administration of prescribed medications as a means of ensuring safety and preventing diversion
of medications.
(7) A recovery residence that is licensed as a behavioral health entity to provide onsite
outpatient services to recovery residents must be licensed as a recovery residence. The BHA shall
adopt rules to create streamlined regulations for a recovery residence that is licensed as a
behavioral health entity, but the rules must not duplicate oversight regulations for a behavioral
health entity that is licensed to provide onsite outpatient services. At a minimum, the rules must
include, but are not limited to, recovery resident rights, physical environment standards, and
incident reporting.
(8) The BHA shall maintain a publicly available list of licensed recovery residences.
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(9) (a) Notwithstanding any other provision of this part 10, a recovery residence that is
chartered by Oxford House, Inc., or its successor organization, referred to in this subsection (9)
as a "chartered recovery residence", may operate in this state and receive referrals and funding
pursuant to this part 10 if the chartered recovery residence:
(I) Operates in accordance with this subsection (9);
(II) Operates in accordance with the requirements of homes established pursuant to 42
U.S.C. sec. 300x-25; and
(III) Is democratically run shared housing that has no operator, manager, paid staff, or
provision of professional treatment or therapy.
(b) No later than July 1, 2027, Oxford House, Inc. shall provide to the BHA, in the form and
manner prescribed by the BHA, a list of all chartered recovery residences in the state as of the
date of the notice.
(c) Beginning July 1, 2027, Oxford House, Inc. shall notify the BHA in the form and manner
prescribed by the BHA when it issues a new charter to Oxford House, Inc. in the state.
(d) Upon notification that a recovery residence is chartered by Oxford House, Inc. or its
successor organization, the BHA shall issue a recovery residence license to the chartered
recovery residence.
(e) On and after July 1, 2027, Oxford House, Inc. shall notify the BHA within ten days after
closing or revoking a recovery residence's charter.
(f) Beginning July 1, 2027, a chartered recovery residence shall submit occurrence reports to
the BHA, in accordance with section 27 -50-1006 and in the form, manner, and time frame
prescribed by BHA.
(g) A chartered recovery residence is not subject to an initial or annual onsite licensure
survey.
(h) Beginning July 1, 2027, the BHA may inspect a chartered recovery residence in response
to a complaint or an occurrence report received by the BHA as it deems necessary to ensure that
the health, safety, and welfare of recovery residents are protected, and that the chartered recovery
residence is operating in accordance with this subsection (9). The BHA may require that Oxford
House, Inc. submit in writing, in a form prescribed by the BHA, a plan detailing the measures
that Oxford House, Inc. will take to correct violations found by the BHA as a result of
inspections undertaken pursuant to this subsection (9). The BHA may take additional actions in
accordance with section 27-50-1005.
Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1718, § 2, effective August 12.
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27-50-1002. Rules for minimum standards of operation.
(1) No later than May 1, 2027, the BHA shall adopt rules that establish the minimum
standards for operating a recovery residence in the state, which rules must include:
(a) Requirements that must be met to ensure the health, safety, and welfare of all recovery
residents, including requirements related to:
(I) Recovery resident rights and consumer notice;
(II) Administrative and operational standards for governance, consumer records and record
retention, personnel, admission and discharge criteria, policies and procedures to ensure
compliance with regulatory and contract requirements, quality management, discharge and
transfer policies, individual relapse and safety plans, and program agreements;
(III) Data reporting;
(IV) Physical residence standards, which include obtaining all required building and safety
inspections and permits and compliance with applicable building and property maintenance
codes that are enforced by a local government applicable to residential dwellings of the same
type, size, and occupancy classification in the same jurisdiction;
(V) Occurrence reporting pursuant to section 27-50-1006;
(b) Owner and manager requirements;
(c) Procedures for mandatory BHA inspections of recovery residences;
(d) Procedures for written plans for a recovery residence to correct violations identified as a
result of an inspection;
(e) Intermediate enforcement remedies, as described in section 27-50-1005 (3); and
(f) If a recovery residence was certified to operate prior to July 1, 2027, timelines for
complying with the recovery residence standards that exceed the standards under which a
recovery residence was previously certified.
(2) This section does not exempt a recovery residence or its residents or operators from
complying with any state, county, or municipal health, safety, or fire codes. A recovery residence
that operates in a single -family or multi -family residential structure is not required to comply
with commercial, institutional, or assembly occupancy standards solely by reason of its licensure
under this part 10, regardless of the jurisdiction in which the recovery residence operates.
(3) Any rules or regulations adopted pursuant to this section must not prohibit, or be
construed to authorize the prohibition of, an individual from residing in a recovery residence
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solely on the basis of an individual's prior criminal justice involvement or past criminal
convictions.
Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1722, § 2, effective August 12.
27-50-1003. Applications - investigations - inspections - criminal history background
checks for owners and managers.
(1) An application for a license to operate a recovery residence must be submitted annually
to the BHA in the form and manner prescribed by the BHA.
(2) (a) The BHA shall investigate and review each original application and each renewal
application for a license to operate a recovery residence. The BHA shall determine an applicant's
compliance with this part 10 and the rules adopted pursuant to section 27 -50-1002 before the
BHA issues a license.
(b) The BHA shall inspect the applicant's facility as it deems necessary to ensure the health,
safety, and welfare of the recovery residents are protected. The recovery residence shall submit
in writing, in a form prescribed by the BHA, a plan detailing the measures that the recovery
residence will take to correct violations found by the BHA as a result of inspections undertaken
pursuant to this subsection (2).
(c) Upon approval of an application for a license, the applicant shall provide notice to the
local government that regulates zoning and land use for the jurisdiction where the recovery
residence will be located. The notice must include:
(I) A statement of the applicant's intent to operate a recovery residence upon issuance of a
recovery residence license by the BHA;
(II) The location of the recovery residence; and
(III) The contact information for the appropriate individual who can be reached to address
questions and concerns about the recovery residence.
(3) The BHA shall keep all health -care information or documents obtained during an
inspection or investigation of a recovery residence pursuant to subsection (2) of this section
confidential. Records, information, or documents obtained are exempt from disclosure pursuant
to sections 24-72-204 and 27-50-510.
(4) (a) After submitting an application for a license to operate a recovery residence, or within
ten days after a change in ownership or management of a recovery residence, each applicant or
owner and manager shall submit to a fingerprint -based criminal history record check. The
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applicant or owner and manager must pay the costs associated with the fingerprint -based
criminal history record check.
(b) After submitting an application for a license or within ten days after a change in
ownership or management, the applicant or owner and manager shall have the applicant's or
owner's and manager's fingerprints taken by a local law enforcement agency, or any third party
approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint -
based criminal history record check. The applicant or owner and manager shall authorize the
entity taking the applicant's or owner's and manager's fingerprints to submit, and the entity shall
submit, the complete set of the applicant's or owner's and manager's fingerprints to the Colorado
bureau of investigation for the purpose of conducting a fingerprint -based criminal history record
check.
(c) If an approved third party takes the applicant's or owner's and manager's fingerprints, the
fingerprints may be electronically captured using Colorado bureau of investigation -approved
livescan equipment. Third-party vendors shall not keep the applicant's or owner's and manager's
information for more than thirty days.
(d) The Colorado bureau of investigation shall use the applicant's or owner's and manager's
fingerprints to conduct a criminal history record check using the bureau's records. The Colorado
bureau of investigation shall also forward the fingerprints to the federal bureau of investigation
for the purpose of conducting a fingerprint -based criminal history record check. The Colorado
bureau of investigation, applicant or owner and manager, BHA, and the entity taking fingerprints
shall comply with the federal bureau of investigation's requirements to conduct a criminal history
record check.
(e) The Colorado bureau of investigation shall return the results of its criminal history record
check to the BHA, and the BHA is authorized to receive the results of the federal bureau of
investigation's criminal history record check.
(f) The BHA shall evaluate information received from the criminal history record check in
accordance with section 24 -5-101 and subsection (5) of this section and shall only deny an
application based on information obtained from the criminal history record check if the denial is
warranted pursuant to section 24-5-101 and subsection (5) of this section.
(g) The BHA shall keep any information obtained pursuant to this subsection (4)
confidential.
(5) (a) As used in this subsection (5), "directly related to" means that the criminal offense for
which an applicant has been convicted is still relevant at the time of the application for a license
and would create an unreasonable risk to public safety because the offense directly relates to the
duties and responsibilities of the operation of a recovery residence, as determined by the BHA
after consideration of all evidence available to the BHA.
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(b) If an applicant has been convicted of a crime, the BHA may only consider the applicant's
conviction for a three-year period beginning on the date of conviction or the end of incarceration,
whichever date is later, if the applicant has not been convicted of any other criminal offense
during the three -year period. After the three -year period, the BHA shall only consider the
individual's application for licensure in the same manner as an applicant who does not possess a
prior criminal history record; except that the BHA may consider a conviction for a crime that is
directly related to the operation of a recovery residence.
(c) If the BHA is considering an applicant's criminal history record during the application
process for licensure, the BHA may only deny or refuse to issue or renew the license based on
the information in the criminal history record if the BHA determines that the applicant has not
been rehabilitated and is unable to perform the duties and responsibilities of the ownership or
management of a recovery residence without creating an unreasonable risk to public safety.
(d) An applicant's conviction for a crime does not, in and of itself, disqualify the applicant
from being issued a license to operate a recovery residence.
(e) (I) An applicant or potential applicant whose conviction may affect their application for
licensure may petition the BHA at any time, including prior to submitting an application, for a
decision as to whether the BHA is permitted to consider the applicant's conviction when
reviewing the application for licensure.
(II) If the BHA determines that the BHA is permitted to consider an applicant's or potential
applicant's conviction, the BHA shall advise the applicant or potential applicant of any actions
the applicant or potential applicant may take to remedy the potential effect of the conviction. If a
remedial action is advised by the BHA, the applicant may submit a revised petition on or before
a date determined by the BHA for completion of the remedial action.
(III) If the BHA makes an initial determination for a potential applicant pursuant to this
subsection (5)(e), the BHA may require a new determination at the time an individual formally
applies for licensure.
(f) An applicant who petitions the BHA must include in the petition any additional
information about the applicant's current circumstances, including the time since the criminal
offense was committed and the sentence was completed, the applicant's age at the time the
offense was committed, the payment of any court -ordered restitution, evidence of the applicant's
rehabilitation, testimonials, and the applicant's employment history and employment aspirations.
(g) (I) In order to deny an application for licensure pursuant to this section based on the
information in an applicant's criminal history record, the BHA has the burden to prove by clear
and convincing evidence that the denial is directly related to information in the applicant's
criminal history record as it pertains to potential performance in, and the potential creation of, an
unreasonable risk to public safety through the operation or management of a recovery residence
for which the applicant is applying for licensure.
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(II) If an individual files a petition for a determination pursuant to this subsection (5),
receives notice of an agency adjudicatory hearing, files an answer to the notice pursuant to
section 24-4-105 (2)(b), and fails to appear at the scheduled time and place of the hearing, the
administrative law judge shall enter a default judgment in favor of the BHA.
(h) This subsection (5) does not:
(I) Negate any provision for licensure in this title 27 that requires an applicant to submit
information regarding the applicant's criminal history record to the BHA with an application;
(II) Negate any other reason specified in this title 27 for which the BHA may deny an
applicant licensure;
(III) Negate any requirement under federal law that requires an individual to obtain or
maintain a license; or
(IV) Negate the list of determining factors that must not be considered regarding an
applicant's criminal history record pursuant to section 24-5-101 (2)(b).
(6) Except as otherwise provided in subsection (7) of this section, the BHA shall issue or
renew a license to operate a recovery residence when the BHA is satisfied that the applicant or
licensee is in compliance with the requirements set forth in this part 10 and the rules adopted
pursuant to section 27 -50-1002. Except for provisional licenses issued in accordance with
subsection (7) of this section, a license issued or renewed pursuant to this section expires one
year after the date of issuance or renewal.
(7) (a) The BHA may issue a provisional license to operate a recovery residence to an
applicant for the purpose of operating a recovery residence for a period of ninety days if the
applicant is temporarily unable to conform to all of the minimum standards required, and the
rules adopted, pursuant to this part 10; except that the BHA shall not issue a provisional license
to an applicant if the operation of the recovery residence will adversely affect the health, safety,
or welfare of the recovery residents.
(b) As a condition of obtaining a provisional license, the applicant shall provide evidence to
the BHA that attempts are being made to conform and comply with the applicable standards
required, and rules adopted, pursuant to this part 10.
(c) The BHA shall not issue a provisional license prior to the completion of a criminal
history record check in accordance with subsection (4) of this section.
(d) The BHA may issue a second provisional license to effect compliance. The BHA shall
not issue a third or subsequent provisional license to an applicant in a year.
Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1723, § 2, effective August 12.
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27-50-1004. Fees - rules.
(1) (a) No later than May 1, 2027, the BHA shall adopt rules establishing a schedule of
license application fees, including renewal application fees, sufficient to meet the direct and
indirect costs of administration and enforcement of this part 10.
(b) The BHA shall assess and collect, from recovery residences subject to licensure pursuant
to section 27 -50-1001, fees in accordance with the fee schedule established pursuant to
subsection (1)(a) of this section.
(2) The BHA shall transmit fees collected pursuant to this section to the state treasurer, who
shall credit the money to the behavioral health licensing cash fund created pursuant to section
27-50-506.
(3) Behavioral health administration functions related to the licensing of recovery residences
pursuant to this part 10 must be entirely funded with the fees collected pursuant to subsection (1)
of this section.
Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1727, § 2, effective August 12.
27-50-1005. Denial, suspension, or revocation of license - restrictions - fines.
(1) (a) When the BHA denies an application for an initial license to operate a recovery
residence pursuant to section 27 -50-1003, the BHA shall notify the applicant in writing by
mailing a notice to the address shown on the application. An applicant aggrieved by a denial may
pursue a review as provided in article 4 of title 24 and the BHA shall follow the procedures
specified in article 4 of title 24.
(b) The BHA may deny an application if the applicant, an affiliate of the applicant, a person
employed by the applicant, or a person who resides with the applicant is the subject of, or has
previously been the subject of, a negative licensing action or certification withdrawal or
termination.
(2) (a) The BHA may suspend, revoke, or refuse to renew the license of a recovery residence
that is out of compliance with the requirements of, or rules adopted pursuant to, this part 10.
Suspension, revocation, or refusal must not occur until after a hearing and in compliance with the
provisions and procedures specified in article 4 of title 24; except that the BHA may summarily
suspend a recovery residence's license before a hearing in accordance with section 24 -4-104
(4)(a).
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(b) After conducting a hearing in accordance with article 4 of title 24, the BHA may revoke
or refuse to renew a recovery residence's license if the owner or administrator of the recovery
residence has been convicted of a felony or misdemeanor involving conduct that the BHA
determines could pose a risk to the health, safety, or welfare of the recovery residents.
(3) The BHA may impose intermediate restrictions or conditions on a recovery residence that
may include at least one of the following:
(a) Retaining a consultant to address corrective measures;
(b) Monitoring by the BHA for a specific period;
(c) Providing additional training to employees, owners, or operators of the recovery
residence;
(d) Complying with a directed written plan to correct the violation; or
(e) Paying a civil fine in lieu of suspension, revocation, refusal, or any other adverse
licensing action, which fine must not exceed two thousand dollars in a calendar year. The BHA
shall transmit money received pursuant to this subsection (3)(e) to the state treasurer, who shall
credit the money to the general fund.
Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1728, § 2, effective August 12.
27-50-1006. Report of occurrences - investigations - rules - definition.
(1) Each recovery residence shall report to the BHA all of the following occurrences:
(a) Any occurrence that results in the death of a recovery resident of a recovery residence
and is required to be reported to the coroner pursuant to section 30 -10-606 as arising from an
unexplained cause or under suspicious circumstances;
(b) Any occurrence that results in any of the following serious injuries to a recovery resident:
(I) Brain or spinal cord injuries; or
(II) Second- or third-degree burns involving twenty percent or more of the body surface area
of an adult recovery resident or fifteen percent or more of the body surface area of a child
residing in the recovery residence;
(c) Any occurrence involving physical, sexual, or verbal abuse of a recovery resident by
another resident, an employee of the recovery residence, or a visitor, as described in section 18 -
3-202, 18-3-203, 18-3-204, 18-3-206, 18-3-402, 18-3-404, or 18-3-405;
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(d) Any occurrence involving caretaker neglect of a recovery resident, as defined in section
26-3.1-101 (2.3);
(e) Any occurrence involving misappropriation of a recovery resident's property. As used in
this subsection (1)(e), "misappropriation of a recovery resident's property" means a pattern of or
deliberately misplacing, exploiting, or wrongfully using, either temporarily or permanently, a
recovery resident's belongings or money without the recovery resident's consent.
(f) Any occurrence in which drugs intended for use by a recovery resident are diverted for
use by another person.
(2) The state board shall adopt rules specifying the manner, time period, and form in which
the reports required pursuant to this section must be made.
(3) A report submitted pursuant to subsection (1) of this section is strictly confidential;
except that information in a report may be transmitted to an appropriate regulatory agency
having jurisdiction for disciplinary or license sanctions. The information in the reports must not
be made public upon subpoena, search warrant, discovery proceedings, or otherwise, except as
provided in subsection (5) of this section, and is exempt from disclosure pursuant to section 24 -
72-204.
(4) The BHA shall investigate each report submitted pursuant to subsection (1) of this
section that the BHA determines was appropriately submitted. For each report investigated, the
BHA shall prepare a summary of its findings, including the BHA's conclusions and whether there
was a violation of licensing standards or a deficiency and whether the recovery residence acted
appropriately in response to the occurrence. If the investigation is not conducted on site, the
BHA shall specify in the summary how the investigation was conducted. An investigation
conducted pursuant to this subsection (4) is in addition to and not in lieu of an inspection
required to be conducted pursuant to section 27-50-503 (2) with regard to licensing.
(5) (a) The BHA shall make the following information available to the public:
(I) Investigation summaries prepared pursuant to subsection (4) of this section;
(II) Complaints against a recovery residence that have been filed with the BHA and that the
BHA has investigated, including the conclusions reached by the BHA and whether there was a
violation of licensing or approval standards or a deficiency and whether the recovery residence
acted appropriately in response to the subject of the complaint; and
(III) A listing of deficiency citations issued against each recovery residence.
(b) The information released pursuant to this subsection (5) must not identify the recovery
resident or the health-care professional involved in the report.
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(6) Prior to the completion of an investigation pursuant to this section, the BHA may respond
to an inquiry regarding a report received pursuant to subsection (1) of this section by confirming
that the BHA has received the report and that an investigation is pending.
(7) In addition to the report to the BHA for an occurrence described in subsection (1)(c) of
this section, the occurrence must be reported to a law enforcement agency.
Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1728, § 2, effective August 12.
27-50-1007. Probation placement referrals - judicial updates to identify eligible entities
- legislative declaration - repeal.
(1) The general assembly finds that implementing licensing requirements pursuant to this
part 10 necessitates that the judicial department update its criteria for entities seeking placement
on any approved list used for probation placement referrals.
(2) No later than August 1, 2027, the judicial department shall update any existing request
for proposals, approved vendor list, or similar procurement or approval process used to identify
entities eligible to receive probation placement referrals to reflect the licensure requirements
established by the BHA pursuant to this part 10.
(3) Once the updates required pursuant to subsection (2) of this section are complete, the
judicial department shall accept applications from recovery residences licensed by the BHA that
provide housing and recovery support services. An eligible recovery residence may apply for
inclusion on the approved list.
(4) A recovery residence added to the approved list must remain on the list so long as the
recovery residence meets the updated criteria described in subsection (2) of this section.
(5) This section is repealed, effective January 1, 2028.
Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1730, § 2, effective August 12.
27-50-1008. Repeal of part - sunset review.
(1) (a) This part 10 is repealed, effective September 1, 2033.
(b) Before its repeal, the department of regulatory agencies shall review the regulation of
recovery residences in accordance with section 24-34-104.
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Source: L. 2026: Entire part added, (SB 26-113), ch. 302, p. 1731, § 2, effective August 12.
ARTICLE 60
General Provisions
PART 1
GENERAL PROVISIONS
27-60-100.3. Definitions.
27-60-101. Behavioral health crisis
response system -
legislative declaration.
27-60-102. Civil commitment statute
review task force -
legislative declaration -
creation - duties - repeal.
(Repealed)
27-60-102.5. Definitions. (Repealed)
27-60-103. Behavioral health crisis
response system -
services - request for
proposals - criteria -
reporting - rules -
definitions - repeal.
27-60-104. Behavioral health crisis
response system - crisis
service facilities - walk-in
centers - mobile response
units - report.
27-60-104.5. Behavioral health capacity
tracking system - rules -
legislative declaration -
definitions.
27-60-105. Outpatient restoration to
competency services -
jail-based behavioral
health services -
responsible entity - duties
- report - legislative
declaration.
27-60-105.5. Post-dismissal services for
persons receiving
inpatient restoration
services - continuation of
services after dismissal -
supportive housing - post-
dismissal living
information collection -
definition.
27-60-106. Jail-based behavioral health
services program -
purpose - created -
funding - repeal.
27-60-106.5. Criminal justice diversion
programs - report - rules.
27-60-107. Behavioral health entity
licenses - assistance -
transfer of staff.
(Repealed)
27-60-108. Peer support professionals -
cash fund - fees -
requirements - rules -
legislative declaration -
definitions.
27-60-109. Youth mental health services
program - established -
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report - rules - definitions
- repeal.
27-60-110. Behavioral health-care
services for rural and
agricultural communities
- vouchers - contract -
appropriation.
27-60-111. County-based behavioral
health grant program -
created - report - rules -
repeal. (Repealed)
27-60-112. Behavioral health-care
workforce development
program - creation - rules
- report.
27-60-113. Out-of-home placement for
children and youth with
mental or behavioral
needs - rules - report -
legislative declaration -
repeal. (Repealed)
27-60-114. Colorado land-based tribe
behavioral health services
grant - creation - funding
- definitions - repeal.
27-60-115. Behavioral health feasibility
study - authority to
contract - report -
definitions -
appropriation. (Repealed)
27-60-116. Withdrawal management
facilities - data collection
- approval of admission
criteria - definition.
27-60-117. Crisis response continuum of
care - reimbursement
shortages and gaps -
report - repeal.
PART 2
BEHA VIORAL HEALTH
ADMINISTRATION
27-60-201. Legislative declaration.
27-60-202. Definitions.
27-60-203. Behavioral health
administration - timeline.
27-60-204. Care coordination
infrastructure -
implementation - care
navigation program -
creation - report - rules -
definition.
27-60-205. (Reserved)
27-60-206. Substance use workforce
stability grant program -
repeal.
27-60-207. Ibogaine research pilot
program - creation -
federal approval - fund -
rules - reporting -
definitions - repeal.
PART 3
BEHA VIORAL HEALTH-CARE
PROVIDER WORKFORCE
27-60-301. Definitions.
27-60-302. Behavioral health-care
provider workforce plan -
expansion - current
workforce.
27-60-303. Behavioral health
administration -
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additional duties -
collaboration with state
agencies - agricultural
and rural community
behavioral health
program - training
curriculum for criminal
justice treatment provider
endorsement - strategies
to strengthen behavioral
health-care provider
workforce.
27-60-304. Reports.
27-60-305. Repeal of part.
PART 4
EARLY INTERVENTION, DEFLECTION,
AND REDIRECTION FROM THE
CRIMINAL JUSTICE SYSTEM GRANT
PROGRAM
27-60-401. Definitions.
27-60-402. Early intervention, deflection,
and redirection from the
criminal justice system
grant program -
established - permissible
uses.
27-60-403. Grant program application -
criteria - award - rules.
27-60-404. Grant program reporting
requirements.
27-60-405. Grant program funding -
requirements - reports -
appropriation.
27-60-406. Repeal of part.
PART 5
COMMUNITY BEHA VIORAL HEALTH-
CARE CONTINUUM GAP GRANT
PROGRAM
27-60-501. Definitions.
27-60-502. Behavioral health-care
continuum gap grant
program - established -
rules.
27-60-503. Grant program application -
criteria - contributing
resources - award - rules.
27-60-504. Grant program reporting
requirements.
27-60-505. Grant program funding -
requirements - reports.
27-60-506. Repeal of part.
PART 1
GENERAL PROVISIONS
27-60-100.3. Definitions.
As used in this article 60, unless the context otherwise requires:
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(1) "Behavioral health" refers to an individual's mental and emotional well-being and actions
that affect an individual's overall wellness. Behavioral health problems and disorders include
substance use disorders, serious psychological distress, suicide, and other mental health
disorders. Problems ranging from unhealthy stress or subclinical conditions to diagnosable and
treatable diseases are included in the term "behavioral health". The term "behavioral health" is
also used to describe service systems that encompass prevention and promotion of emotional
health, prevention and treatment services for mental health and substance use disorders, and
recovery support.
(1.1) "Behavioral health administration" or "BHA" means the behavioral health
administration established in section 27-50-102.
(1.3) "Commissioner" means the commissioner of the behavioral health administration.
(1.5) "Criminal justice diversion program" means a program created pursuant to section 27 -
60-106.5 or programs operated by cities or counties that connect law enforcement officers with
behavioral health providers to assist individuals in need of behavioral health interventions or to
divert individuals from the criminal justice system.
(2) "Crisis intervention services" means the array of behavioral health crisis services that are
funded by public or private sources and exist to serve individuals who are experiencing a
behavioral health crisis.
(3) "Crisis response system" means the behavioral health crisis response system developed
and implemented pursuant to this article 60.
(4) "Crisis response system contractor" means an entity that has been awarded a contract to
provide one or more crisis intervention services pursuant to section 27-60-103.
(4.7) Repealed.
(5) "State board" means the state board of human services created and authorized pursuant to
section 26-1-107.
(6) "State department" means the state department of human services created pursuant to
section 26-1-105.
Source: L. 2017: Entire section added, (SB 17 -242), ch. 263, p. 1335, § 226, effective May
25. L. 2018: (4.7) added, (SB 18 -250), ch. 403, p. 2376, § 1, effective June 6. L. 2020: (1.5)
added, (HB 20 -1017), ch. 288, p. 1426, § 11, effective September 14. L. 2022: (1.1) and (1.3)
added and (4.7) repealed, (HB 22-1278), ch. 222, p. 1519, § 87, effective July 1.
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Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-60-101. Behavioral health crisis response system - legislative declaration.
(1) (a) The general assembly finds and declares that:
(I) There are people in Colorado communities who are experiencing behavioral health crises
and need professional behavioral health crisis care or urgent psychiatric care from skilled mental
health clinicians and medical professionals who excel at providing compassionate behavioral
health crisis intervention and stabilization;
(II) A behavioral health crisis can happen any hour of the day and any day of the week;
(III) Persons in a behavioral health crisis frequently come in contact with community first
responders who are often unable to provide necessary behavioral health interventions or who
must transport these persons in a behavioral health crisis to emergency rooms for services, or, in
cases where a crime is alleged, to jail;
(IV) Colorado ranks fiftieth in the nation in the number of inpatient psychiatric beds;
(V) Fewer than one -half of the persons who are in a behavioral health crisis and are taken to
an emergency room are admitted for inpatient hospitalization, meaning that thousands of people
each year return to community streets with little, if any, crisis intervention or treatment for
behavioral health disorders; and
(VI) Significant time and resources are required of community first responders in addressing
persons in a behavioral health crisis and, in many cases, this community response is neither
timely nor safe for the person in crisis nor cost-efficient for the state.
(b) The general assembly therefore finds that a coordinated behavioral health crisis response
system:
(I) Serves as a comprehensive and preferred response to behavioral health emergencies
throughout Colorado by providing for early intervention and effective treatment of individuals
who are experiencing a behavioral health crisis;
(I.5) As the appropriate and preferred response to behavioral health crises, eliminates the use
of the criminal justice system to hold individuals who are experiencing a mental health crisis and
enhances the ability of mental health providers and hospitals to serve individuals who are
experiencing a mental health crisis;
(II) Provides an appropriate first line of response to individuals in need of an emergency
seventy-two-hour mental health hold and utilizes first responders and information technology
systems to integrate available behavioral health crisis responses;
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(III) Should be available in all Colorado communities;
(IV) Includes community -based, behavioral health crisis centers where individuals who are
experiencing a behavioral health crisis may be stabilized and receive short -term treatment, as
clinically appropriate;
(V) Decriminalizes mental health disorders by leading the development of a partnership -
supported network of crisis services; and
(VI) Establishes a statewide framework that creates, strengthens, and enhances community
partnerships that will facilitate the preferred response to behavioral health crises, including
ensuring that peace officers and other first responders are equipped with a variety of options
when they encounter a behavioral health crisis.
(c) Therefore, the general assembly declares that it is a matter of statewide concern to
incentivize and coordinate existing behavioral health crisis intervention services and to commit
resources to expand the crisis response system.
(2) Repealed.
Source: L. 2010: Entire article added, (HB 10 -1032), ch. 316, p. 1475, § 1, effective May 27.
L. 2017: (1) amended, (SB 17 -242), ch. 263, p. 1336, § 227, effective May 25; (1)(b) amended,
(1)(c) added, and (2) repealed, (SB 17-207), ch. 205, p. 761, § 2, effective August 9.
Editor's note: (1) This section was added by section 1 of ch. 316, Session Laws of Colorado
2010, as § 27 -1-210 but was renumbered on revision for ease of location since article 1 of this
title was repealed by Senate Bill 10-175.
(2) Amendments to subsection (1)(b) by SB 17-207 and SB 17-242 were harmonized.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017. For the legislative declaration in SB 17 -207, see section 1 of
chapter 205, Session Laws of Colorado 2017.
27-60-102. Civil commitment statute review task force - legislative declaration -
creation - duties - repeal. (Repealed)
Source: L. 2013: Entire section added, (HB 13-1296), ch. 232, p. 1109, § 1, effective May 16.
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Editor's note: Subsection (10) provided for the repeal of this section, effective November 1,
2014. (See L. 2013, p. 1109.)
27-60-102.5. Definitions. (Repealed)
Source: L. 2017: Entire section added, (SB 17 -207), ch. 205, p. 762, § 3, effective August 9.
L. 2018: Entire section repealed, (SB 18-094), ch. 30, p. 332, § 2, effective August 8.
Cross references: For the legislative declaration in SB 18 -094, see section 1 of chapter 30,
Session Laws of Colorado 2018.
27-60-103. Behavioral health crisis response system - services - request for proposals -
criteria - reporting - rules - definitions - repeal.
(1) (a) The BHA may issue a statewide request for proposals to entities with the capacity to
create a coordinated and seamless behavioral health crisis response system to provide crisis
intervention services for communities throughout the state. Separate proposals may be solicited
and accepted for each of the five components listed in subsection (1)(b) of this section. The crisis
response system created through this request for proposals process must be based on the
following principles:
(I) Cultural competence;
(II) Strong community relationships;
(III) The use of peer support;
(IV) The use of evidence-based practices;
(V) Building on existing foundations with an eye toward innovation;
(VI) Utilization of an integrated system of care; and
(VII) Outreach to students through school-based clinics.
(b) The components of the crisis response system must reflect a continuum of care from
crisis response through stabilization and safe return to the community, with adequate support for
transitions to each stage. Specific components include:
(I) Repealed.
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(II) Walk -in crisis services and crisis stabilization units with the capacity for immediate
clinical intervention, triage, and stabilization. The walk -in crisis services and crisis stabilization
units must employ an integrated health model based on evidence-based practices that consider an
individual's physical and emotional health, are a part of a continuum of care, and are linked to
mobile crisis services and crisis respite services.
(III) Mobile crisis services and units that are linked to the walk -in crisis services and crisis
respite services and that have the ability to initiate a response in a timely fashion to a behavioral
health crisis;
(IV) Residential and respite crisis services that are linked to the walk -in crisis services and
crisis respite services and that include a range of short -term crisis residential services, including
but not limited to community living arrangements; and
(V) Funding for a public information campaign and to ensure that individuals calling or
texting the legacy statewide telephone crisis lines are routed to the 988 crisis line.
(1.5) (a) Beginning January 1, 2023, the state department shall create in-home and residential
respite care services and facilities for children and families in up to seven regions of the state, as
determined by the state department and a committee of interested stakeholders.
(b) (I) For the 2022 -23 budget year, the general assembly shall appropriate money from the
behavioral and mental health cash fund pursuant to section 24 -75-230 to the state department to
fund in-home and residential respite care across the state as described in this subsection (1.5).
(II) The use of money appropriated pursuant to this subsection (1.5) and money that
originates from the ARPA refinance state money cash fund, created in section 24 -75-226.5,
appropriated for the same purpose, must conform with the allowable purposes set forth in the
federal "American Rescue Plan Act of 2021", Pub.L. 117 -2, as the act may be subsequently
amended. The state department shall spend or obligate such appropriation in accordance with
section 24-75-226 (4)(d).
(III) This subsection (1.5)(b) is repealed, effective September 1, 2027.
(c) (I) Beginning in state fiscal year 2023 -24, money appropriated to the state department for
the purpose of this subsection (1.5) must continue the statewide access to crisis system services
for children and youth until June 30, 2026.
(II) Beginning in the state fiscal year 2022 -23, money appropriated to the state department
for the purpose of implementing this subsection (1.5) must support residential respite care
provided to youth involved in the foster care system.
(III) Respite foster care homes must be in compliance with all other applicable rules
regulating foster care homes.
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(d) The state department and any person that receives money from the state department shall
comply with the compliance, reporting, record -keeping, and program evaluation requirements
established by the office of state planning and budgeting and the state controller in accordance
with section 24-75-226 (5).
(1.7) Beginning January 1, 2025, the BHA shall use the money transferred to the behavioral
and mental health excise tax cash fund pursuant to section 39 -37-301 (2)(a)(II) to continue and
expand access to behavioral health crisis response system services for children and youth in
accordance with this article 60.
(2) The BHA shall collaborate with the committee of interested stakeholders established in
subsection (3) of this section to develop the request for proposals, including eligibility and award
criteria. Priority may be given to entities that have demonstrated partnerships with Colorado -
based resources. Proposals will be evaluated on, at a minimum, an applicant's ability, relative to
the specific component involved, to:
(a) Demonstrate innovation based on evidence -based practices that show evidence of
collaboration with existing systems of care to build on current strengths and maximize resources;
(b) Coordinate closely with community mental health organizations that provide services
regardless of the source of payment, such as behavioral health organizations, community mental
health centers, regional care collaborative organizations, substance use treatment providers, and
managed service organizations;
(c) Serve individuals regardless of their ability to pay;
(d) Be part of a continuum of care;
(e) Utilize peer supports;
(f) Include key community participants;
(g) Demonstrate a capacity to meet the demand for services;
(h) Understand and provide services that are specialized for the unique needs of child and
adolescent patients; and
(i) Reflect an understanding of the different response mechanisms utilized between mental
health and substance use disorder crises.
(3) The BHA shall establish a committee of interested stakeholders that will be responsible
for reviewing the proposals and awarding contracts pursuant to this section. Representatives
from the state department of health care policy and financing must be included in the committee
of interested stakeholders. A stakeholder participating in the committee must not have a financial
or other conflict of interest that would prevent him or her from impartially reviewing proposals.
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(4) (a) If additional money is appropriated, the BHA may issue additional requests for
proposals consistent with this section and the state procurement code, articles 101 and 102 of
title 24.
(b) If the full appropriation by the general assembly for the implementation of this section is
not dispersed as specified in paragraph (a) of this subsection (4), the committee shall accept and
review proposals and award contracts as the proposals are received and not require an application
be held until a subsequent request for proposals.
(5) If necessary, the state board may promulgate rules to implement the provisions of this
article 60 or the services to be supplied pursuant to this article 60.
(6) (a) Beginning in January 2014, and every January thereafter, the BHA shall report
progress on the implementation of the crisis response system, as well as information about and
updates to the system, as part of its "State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act" hearing required by section 2-7-203.
(b) and (c) Repealed.
(7) Repealed.
(8) (a) On or before January 1, 2023, in order to promote transparency and accountability,
the office shall require each administrative service organization that has twenty -five percent or
more ownership by providers of behavioral health services to comply with the following conflict
of interest policies:
(I) Providers who have ownership or board membership in an administrative service
organization shall not have control, influence, or decision -making authority in how funding is
distributed to any provider or the establishment of provider networks.
(II) The office shall quarterly review an administrative service organization's funding
allocation to ensure that all providers are being equally considered for funding. The office is
authorized to review any other pertinent information to ensure the administrative service
organization is meeting state and federal rules and regulations and is not inappropriately giving
preference to providers with ownership or board membership.
(III) An employee of a contracted provider of an administrative service organization shall not
also be an employee of the administrative service organization unless the employee is a medical
director for the administrative service organization. If the medical director is also an employee of
a provider that has board membership or ownership in the administrative service organization,
the administrative service organization shall develop policies, approved by the commissioner of
the behavioral health administration, to mitigate any conflict of interest the medical director may
have.
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(IV) An administrative service organization's board shall not have more than fifty percent of
contracted providers as board members, and the administrative service organization is
encouraged to have a community member on the administrative service organization's board.
(b) If the office is unable to contract with an administrative service organization that meets
the requirements of this subsection (8), the office may designate another existing administrative
service organization to temporarily provide the services for that region, for up to one year,
pending designation of a new administrative service organization. If the office is unable to
designate a new administrative service organization, the temporary administrative service
organization may continue to provide the regional behavioral health crisis response system
services on a year by year basis.
(c) As used in this subsection (8), unless the context otherwise requires:
(I) "Medical director" means a physician who oversees the medical care and other designated
care and services in an administrative services organization. The medical director may be
responsible for helping to develop clinical quality management and utilization management.
(II) "Ownership" means an individual who is a legal proprietor of an organization, including
a provider or individual who owns assets of an organization, or has a financial stake, interest, or
governance role in the administrative services organization.
Source: L. 2013: Entire section added, (SB 13 -266), ch. 231, p. 1105, § 1, effective May 16.
L. 2017: (7) repealed, (SB 17-242), ch. 263, p. 1337, § 228, effective May 25; IP(1)(a), IP(1)(b),
(4)(a), (5), and (6) amended and (7) repealed, (SB 17 -207), ch. 205, p. 762, § 4, effective August
9. L. 2018: IP(1)(a) and (6)(b) amended, (SB 18 -161), ch. 123, p. 830, § 4, effective September
1. L. 2022: (1.5) added, (HB 22 -1283), ch. 185, p. 1243, § 3, effective May 18; (8) added, (SB
22-106), ch. 196, p. 1310, § 2, effective May 20; IP(1)(a), IP(2), (3), (4)(a), and (6)(a) amended
and (6)(b) and (6)(c) repealed, (HB 22 -1278), ch. 222, p. 1519, § 88, effective July 1. L. 2024:
(1.5)(b)(II) amended, (HB 24 -1466), ch. 429, p. 2944, § 37, effective June 5; (1.7) added, (HB
24-1349), ch. 423, p. 2901, § 5, effective December 17 (see editor's note). L. 2025: (1.7)
amended, (SB 25-295), ch. 330, p. 1714, § 4, effective May 31; (1)(b)(I) repealed and (1)(b)(V)
amended, (SB 25-236), ch. 140, p. 530, § 3, effective July 1.
Editor's note: Section 19(1) of chapter 423 (HB 24 -1349), Session Laws of Colorado 2024,
provides that changes to this section take effect on the date of the official declaration of the vote
thereon by the governor only if, at the November 2024 statewide election, a majority of voters
approve the ballot issue referred in accordance with § 39-37-201. The ballot issue, referred to the
voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the
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governor on December 17, 2024, see L. 2025, p. 3636. The vote count for the measure was as
follows:
FOR: 1,675,123
AGAINST: 1,406,112
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017. For the legislative declaration in SB 17 -207, see section 1 of
chapter 205, Session Laws of Colorado 2017. For the legislative declaration in HB 22 -1283, see
section 1 of chapter 185, Session Laws of Colorado 2022. For the legislative declaration in HB
24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
27-60-104. Behavioral health crisis response system - crisis service facilities - walk-in
centers - mobile response units - report.
(1) All behavioral health entities, crisis walk -in centers, acute treatment units, mobile crisis
programs, respite services, and crisis stabilization units within the crisis response system,
regardless of program licensure, shall meet standards for approval pursuant to section 27 -66-105.
Facility-based crisis service providers must be approved or designated to adequately care for an
individual brought to the facility through the emergency mental health procedure described in
section 27 -65-106 and be an approved treatment facility pursuant to section 27 -81-106. The
arrangements for care must be completed through the crisis response system or prearranged
partnerships with other crisis intervention services.
(2) (a) The BHA shall ensure that mobile response units are available to respond to a
behavioral health crisis anywhere in the state within no more than two hours, either face -to-face
or using telehealth operations, for mobile crisis evaluations.
(b) Mobile crisis services may be delivered by criminal justice diversion programs approved
by the BHA or a crisis response system contractor.
(3) (a) All walk-in centers throughout the state's crisis response system must be appropriately
designated by the commissioner for an emergency mental health hold, adequately prepared, and
properly staffed to accept an individual through the procedure outlined in section 27 -65-106 or a
voluntary application for mental health services pursuant to section 27 -65-103 or 27 -65-104.
Priority for individuals placed under an emergency mental health hold pursuant to section 27 -65-
106 is on treating high -acuity individuals in the least restrictive environment without the use of
law enforcement.
(a.5) All crisis walk -in centers throughout the state's crisis response system shall be
appropriately licensed, adequately prepared, and properly staffed to provide crisis services to an
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individual with a substance use disorder, as that term is defined in section 27 -81-102, or an
individual with a disability, as defined in the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis, co -occurring
conditions, or if the individual requires assistance with activities of daily living, as defined in
section 12-270-104. A crisis walk-in center shall prioritize treating high -acuity individuals in the
least restrictive environment without the use of law enforcement.
(b) The ability of crisis walk -in centers to accept individuals through an emergency mental
health hold outlined in section 27 -65-106, a voluntary application for substance use disorder
services pursuant to section 27 -81-109, or a voluntary application for mental health services
pursuant to section 27 -65-103 or 27 -65-104 may include, but is not limited to, purchasing,
installing, and using telehealth operations for mobile crisis evaluations in partnership with
hospitals, clinics, law enforcement agencies, and other appropriate service providers.
(3.5) Mobile crisis programs and crisis walk -in centers shall provide crisis response
screening services to any individual seeking such services, including youth of any age and an
individual with a disability, as defined in the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis, co -occurring
conditions, or if the individual requires assistance with activities of daily living, as defined in
section 12-270-104. All additional or corresponding behavioral health services beyond the crisis
response screening must be provided in accordance with all applicable state laws, including, but
not limited to, sections 12-245-203.5, 13-22-102, 27-65-103, and 27-65-104.
(4) Rural crisis facilities are encouraged to work collaboratively with other facilities in the
region that provide care twenty-four hours a day, seven days a week, to form local arrangements.
(5) The BHA shall encourage crisis response system contractors in each region to develop
partnerships with the broad array of crisis intervention services through mobile response units
and telehealth-capable walk-in centers in rural communities that offer care twenty -four hours a
day, seven days a week.
(6) The BHA shall ensure crisis response system contractors are responsible for community
engagement, coordination, and system navigation for key partners, including criminal justice
agencies, emergency departments, hospitals, primary care facilities, behavioral health entities,
walk-in centers, and other crisis service facilities. The goals of community coordination are to:
(a) Formalize relationships with partners in the contractually defined regions;
(b) Pursue collaborative programming for behavioral health services, including, when
possible, embedding crisis clinicians and consultants in first response systems;
(c) Build close relationships between first responders and dispatch centers and the crisis
response system contractor in the region; and
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(d) Coordinate behavioral health crises interventions in the community as early as possible to
promote diversion from the criminal justice system and continuity of care.
(6.5) For state fiscal year 2023 -24, the BHA shall safeguard partnerships between
community-based behavioral health providers and rural hospitals by allocating money to
community-based behavioral health providers.
(7) The BHA shall explore solutions for addressing secure transportation, as defined in
section 25-3.5-103 (11.4), of individuals placed on a seventy -two-hour treatment and evaluation
hold pursuant to article 65 of this title 27, and shall include the following information as part of
its 2023 "State Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act" presentation required pursuant to section 2-7-203:
(a) How crisis contractors are facilitating the use of secure transportation or contracting with
secure transportation licensees; and
(b) How the BHA has supported and encouraged crisis contractors to include secure
transportation in the behavioral health crisis response system.
(8) The BHA shall ensure consistent training for professionals who have regular contact with
individuals experiencing a behavioral health crisis.
(9) The BHA shall conduct an assessment of need and capacity of the statewide crisis
response system to better understand the state's needs for crisis response and service gaps across
the state.
(10) (a) The state department shall annually, in August, notify each public and private school
in the state about services provided by the behavioral health crisis response system, including but
not limited to how to engage with and what to expect from the services, and the possibility of
peer-to-peer counseling as a part of the offered services. The state department shall provide
behavioral health crisis response system awareness and educational materials to each public and
private school in the state.
(b) The state department shall collaborate with the department of education, created in
section 24-1-115, in identifying public and private schools in Colorado, including but not limited
to identifying school contact information.
Source: L. 2017: Entire section added, (SB 17 -207), ch. 205, p. 764, § 5, effective August 9.
L. 2019: (1) and IP(6) amended, (HB 19-1237), ch. 413, p. 3640, § 11, effective July 1, 2022. L.
2020: (2) amended, (HB 20 -1017), ch. 288, p. 1426, § 12, effective September 14. L. 2021: (7)
amended, (HB 21 -1085), ch. 355, p. 2312, § 5, effective June 27. L. 2022: (1) and (3)(b)
amended and (3)(a.5) and (3.5) added, (HB 22 -1214), ch. 142, p. 937, § 1, effective April 27;
(10) added, (HB 22 -1052), ch. 453, p. 3255, § 2, effective June 8; (2), (3)(a), (5), IP(6), IP(7),
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(7)(b), (8), and (9), amended, (HB 22 -1278), ch. 222, p. 1520, § 89, effective July 1; (3)
amended, (HB 22 -1256), ch. 451, p. 3239, § 55, effective August 10; (3)(a) amended, (HB 22 -
1278), ch. 222, p. 1601, § 251, effective August 10. L. 2023: (6.5) added, (HB 23-1236), ch. 206,
p. 1064, § 33, effective May 16; (1) and (3.5) amended, (HB 23 -1301), ch. 303, p. 1837, § 67,
effective August 7.
Editor's note: (1) Amendments to subsection (3)(a) by HB 22 -1256 and HB 22 -1278 were
harmonized.
(2) Amendments to subsection (3)(b) by HB 22-1256 and HB 22-1214 were harmonized.
Cross references: For the legislative declaration in SB 17 -207, see section 1 of chapter 205,
Session Laws of Colorado 2017.
27-60-104.5. Behavioral health capacity tracking system - rules - legislative declaration
- definitions.
(1) (a) The general assembly finds that:
(I) There is a shortage of available beds for psychiatric emergencies, withdrawal
management for substance use disorders, and intensive residential inpatient and outpatient
behavioral health services in Colorado;
(II) Creating a behavioral health capacity tracking system of available treatment capacity and
medication-assisted treatment programs would help families, law enforcement agencies,
counties, court personnel, and emergency room personnel locate an appropriate treatment option
for individuals experiencing behavioral health crises; and
(III) Further, a tracking system would decrease the time that individuals wait in emergency
rooms, ensure that existing resources are maximized, and increase the likelihood that individuals
in crisis receive services closer to their community.
(b) Therefore, the general assembly declares that the creation of a behavioral health capacity
tracking system is an important tool for addressing behavioral health crises, including connecting
individuals to treatment for opioid and other substance use disorders.
(2) As used in this section, unless the context otherwise requires:
(a) "Consistent noncompliance" means when a provider does not complete daily required
capacity updates for two or more consecutive days or has five or more days of noncompliance in
any given month.
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(b) "Tracking system" means the behavioral health capacity tracking system created pursuant
to this section.
(3) Pursuant to subsection (8) of this section, the BHA shall implement a behavioral health
capacity tracking system, which must include the following:
(a) A twenty-four-hour, web-based platform;
(b) Online access by health-care professionals, law enforcement, and court personnel;
(c) Coordination with the 988 crisis hotline created pursuant to section 27-64-103;
(d) Required capacity updates, at least daily, unless the facility is a residential facility and
capacity has not changed, with a penalty for consistent noncompliance, for facilities listed under
subsection (3)(e) of this section; except that opioid treatment programs licensed pursuant to
section 27 -80-204 are only required to update daily whether the program is accepting new
clients; and
(e) Capacity reporting for the following facilities and treatment providers statewide:
(I) Facilities that provide evaluation and treatment to individuals held under an emergency
commitment pursuant to section 27 -81-111, an involuntary commitment pursuant to section 27 -
81-112, or a civil commitment pursuant to section 27 -65-106, including crisis stabilization units,
acute treatment units, community mental health centers, and hospitals, including state mental
health institutes;
(II) Inpatient treatment facilities;
(III) Residential treatment facilities;
(IV) Withdrawal management facilities; and
(V) Facilities licensed pursuant to section 27 -80-204, including opioid treatment programs
and medically managed and clinically managed withdrawal management facilities.
(4) In addition to reporting by those facilities listed in subsection (3)(e) of this section, the
tracking system may allow any medical provider providing behavioral health treatment as part of
the provider's medical practice to participate in the tracking system with prior approval by the
BHA.
(5) To the extent possible, the tracking system should be designed to collect the following
information:
(a) The name, address, web address, and telephone number of the facility or treatment
program and information as to the process for confirming the current availability of a bed or a
slot in a treatment program and for reserving a bed or slot in the facility or treatment program;
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(b) The license type for the facility or treatment program and the licensed bed capacity of the
facility;
(c) The number of beds or slots currently available and staffed for behavioral health services;
(d) Admission and exclusion criteria, including gender, age, acuity level, medical
complications, diagnoses, or behaviors excluded, such as intellectual or developmental
disabilities, aggression, substance use disorders, traumatic brain injury, or history of violence or
aggressive behavior;
(e) The type of substance for which the facility or treatment program provides treatment;
(f) Whether the facility serves involuntary clients;
(g) Payer sources accepted by each facility or treatment program;
(h) The time and date of the last update of information for the facility or treatment program;
and
(i) A link to a stable location map.
(6) The tracking system is designed to provide immediate and accurate information
regarding the availability of facility beds or slots in treatment programs but does not guarantee
availability. The user shall be directed to contact the facility or treatment program directly to
confirm capacity and to arrange placement.
(7) Repealed.
(8) Subject to available appropriations, the BHA shall implement a centralized, web -based
tracking system as described in this section and shall ensure that appropriate tracking system
information is available to the public.
(9) Repealed.
(10) The state board may adopt rules, as necessary, to implement this section.
Source: L. 2019: Entire section added, (HB 19-1287), ch. 175, p. 2012, § 1, effective May 14.
L. 2020: (8) amended and (9) repealed, (HB 20 -1391), ch. 211, p. 1026, § 1, effective June 30;
(3)(e)(I) amended, (SB 20-007), ch. 286, p. 1416, § 52, effective July 13. L. 2022: IP(3), (4), (8),
and (10) amended and (7) repealed, (HB 22 -1278), ch. 222, p. 1522, § 90, effective July 1;
(3)(e)(I) amended, (HB 22-1256), ch. 451, p. 3235, § 41, effective August 10. L. 2025: (3)(c) and
(8) amended, (SB 25-236), ch. 140, p. 530, § 4, effective July 1.
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27-60-105. Outpatient restoration to competency services - jail-based behavioral health
services - responsible entity - duties - report - legislative declaration.
(1) The general assembly finds and declares that:
(a) Colorado's statutory scheme does not designate an entity responsible for competency
restoration services, nor does it provide a sufficient framework for the provision of outpatient
restoration services to adults or juveniles. As a result, there have been deficits and
inconsistencies in the administration of the educational component of outpatient competency
restoration services and the coordination and integration of that component with existing services
and supports to address the underlying causes of incompetency.
(b) The lack of a designated responsible entity for competency restoration services in
Colorado has caused inconsistency in competency restoration services throughout the state and
delays in proceedings that impact the due process rights of juveniles and adults involved in the
juvenile and criminal justice systems, as well as the interests of victims;
(c) Competency restoration services must be localized and accessible and take into account
the public safety, while still allowing for state-level standards and oversight;
(d) Competency restoration services for juveniles must be provided in the least restrictive
environment, while taking into account the public safety and the best interests of the juvenile;
and
(e) Many services essential to the restoration of competency can be provided through
existing programs using existing funding. However, the current system lacks funding and
responsibility for the educational component of competency restoration services and case
management to access and leverage available services and supports which, combined, will help
ensure an integrated approach to competency restoration for juveniles and adults.
(2) The state department serves as a central organizing structure and responsible entity for
the provision of competency restoration education services and coordination of competency
restoration services ordered by the court pursuant to section 16 -8.5-110 (1) or 19 -2.5-704 (2),
and the behavioral health administration serves as the central organizing structure and
responsible entity for jail-based behavioral health services pursuant to section 27-60-106.
(3) The state department shall develop standardized juvenile and adult curricula for the
educational component of competency restoration services. The curricula must have a content
and delivery mechanism that allows the curricula to be tailored to meet individual needs,
including those of persons with intellectual and developmental disabilities.
(4) Beginning July 1, 2019, the state department has the following duties and
responsibilities, subject to available appropriations:
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(a) To oversee providers of the education component of competency restoration services,
including:
(I) Establishing and enforcing qualifications of competency restoration educators, including
minimum and ongoing training requirements;
(II) Evaluating models for the delivery of competency restoration education in a manner that
maximizes and expands on available resources while minimizing costs to the state; and
(III) Maintaining an adequate pool of competency restoration providers, as defined by:
(A) Qualifications and training;
(B) Geographical accessibility, in light of the goal of ensuring community -based restoration
in the least restrictive environment throughout the state; and
(C) Ability to provide culturally competent and developmentally appropriate competency
restoration education tailored to an individual's unique needs;
(b) To develop models for providing competency restoration services that integrate
competency restoration education with other case management and treatment, ensure
continuation of ongoing treatment and services as appropriate, avoid duplication of services, and
achieve efficiencies by coordinating with existing community resources and programs;
(c) To preserve the integrity of the competency evaluation process by ensuring that
competency restoration educators operate independently from competency evaluators at the case
level;
(d) To engage with key stakeholders in the juvenile and adult justice systems to develop best
practices in the delivery of competency restoration services; and
(e) To make recommendations for legislation.
(f) Repealed.
(4.5) Beginning July 1, 2023, subject to available appropriations, the behavioral health
administration shall oversee functions of the jail -based behavioral health services program
created in section 27-60-106.
(5) Notwithstanding section 24 -1-136 (11)(a)(I), on or before January 1, 2019, and every
January 1 thereafter, the state department shall submit an annual written report to the general
assembly summarizing the state department's provision of competency restoration education and
its efforts toward the coordination of competency restoration education with other existing
services. The report must include:
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(a) Data on the number of individuals ordered to competency restoration services, the
average time frame for beginning and ending such services, the types of settings in which
competency restoration services are provided, and the outcomes of such services;
(b) A description of the state department's engagement with community partners to
coordinate competency restoration services in an effective and efficient manner;
(c) Identification of best and promising practices for education and coordination of
competency restoration services;
(d) A description of opportunities to maximize and increase available resources and funding;
and
(e) A description of gaps in and conflicts with existing funding, services, and programming
essential to the effective restoration of competency for juveniles and adults.
(f) Repealed.
(5.5) Notwithstanding section 24 -1-136 (11)(a)(I), on or before January 1, 2024, and every
January 1 thereafter, the behavioral health administration shall submit an annual written report to
the general assembly summarizing the results of the jail -based behavioral health services
program created in section 27 -60-106. The report must include a description of the services
funded through the jail-based behavioral health services program created in section 27-60-106.
(6) In addition to subsection (4) of this section and subject to available appropriations, the
state department shall require any county jail to assist in the provision of interim mental health
services for individuals who have been court -ordered for inpatient competency restoration and
who are waiting admission for an inpatient bed. This section does not toll or otherwise modify
the time frames for the state department to offer inpatient admission pursuant to the provisions of
section 16-8.5-110.
Source: L. 2017: Entire section added, (SB 17-012), ch. 404, p. 2109, § 3, effective August 9.
L. 2018: (2), IP(4), (4)(d), (4)(e), IP(5), (5)(d), and (5)(e) amended and (4)(f) and (5)(f) added,
(SB 18-250), ch. 403, p. 2376, § 2, effective June 6. L. 2019: (2) and IP(4) amended and (6)
added, (SB 19-223), ch. 227, pp. 2293, 2290, §§ 20, 12, effective July 1. L. 2021: (2) amended,
(SB 21-059), ch. 136, p. 749, § 131, effective October 1. L. 2022: (2), (3), IP(4), IP(5), (5)(b),
and (6) amended, (HB 22 -1278), ch. 222, p. 1522, § 91, effective July 1. L. 2023: (2), (4)(d),
(4)(e), IP(5), (5)(d), and (5)(e) amended, (4)(f) and (5)(f) repealed, and (4.5) and (5.5) added,
(HB 23-1236), ch. 206, p. 1062, § 32, effective May 16. L. 2024: (2) amended, (HB 24 -1034),
ch. 372, p. 2521, § 16, effective June 4. L. 2026: (2) and (6) amended, (SB 26 -149), ch. 142, p.
797, § 51, effective May 21.
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Editor's note: Subsection (6) was numbered as (5) in SB 19 -223 but has been renumbered on
revision for ease of location.
27-60-105.5. Post-dismissal services for persons receiving inpatient restoration services
- continuation of services after dismissal - supportive housing - post-dismissal living
information collection - definition.
(1) As used in this section, unless the context otherwise requires, "bridges wraparound care
program" means the bridges wraparound care program created in section 16-8.6-103.
(2) If the charges against a person who is receiving inpatient restoration services, as
described in article 8.5 of title 16, are dismissed following a determination by the court that the
person is incompetent to proceed, the state department may continue to provide services to the
person for up to ninety days after the charges are dismissed. A person is not required to be in
custody to receive services from the state department pursuant to this subsection (2) after charges
are dismissed, and a court shall not order a person to remain in custody as a condition of
continuing to receive services from the state department.
(3) The state department may enter into an agreement with an organization to provide
permanent supportive housing for persons whose charges are dismissed following a
determination by the court that the person is incompetent to proceed or pursuant to section 16 -
8.6-110 following satisfactory completion of a bridges wraparound care program, or for persons
who have been referred to the bridges wraparound care program. The state department shall
make efforts to collaborate with service providers, including the office of bridges of Colorado
established pursuant to section 13 -95-103, to ensure continuity of care and service delivery in a
manner that avoids duplication and bifurcation of services.
(4) (a) The state department shall collect information concerning where a person lives or
intends to live after:
(I) The charges against the person are dismissed following a determination by the court that
the person is incompetent to proceed;
(II) The charges against the person are dismissed pursuant to section 16 -8.6-110 following
satisfactory completion of the bridges wraparound care program; or
(III) The person has been referred to the bridges wraparound care program.
(b) The state department shall work with the office of bridges of Colorado established
pursuant to section 13 -95-103 to collect the information described in subsection (4)(a) of this
section, and the office of bridges of Colorado shall provide the information to the state
department.
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Source: L. 2025: Entire section added, (SB 25-041), ch. 357, p. 1921, § 1, effective August 6.
27-60-106. Jail-based behavioral health services program - purpose - created - funding -
repeal.
(1) There is created in the behavioral health administration the jail -based behavioral health
services program, referred to in this section as the "program". The program may receive money
from the correctional treatment cash fund pursuant to section 18-19-103 (5)(c)(V).
(2) The purpose of the program is to:
(a) Provide adequate staff to complete behavioral health screenings; prescribe psychiatric
medications as necessary; and provide mental health counseling, substance use disorder
treatment pursuant to section 18-19-103 (5)(c)(V), and transitional care coordination;
(b) Train jail staff on behavioral health disorders and best practices in working with
individuals with mental health, substance use, and co-occurring disorders; and
(c) Fund administrative costs to jails that implement the requirements outlined in subsection
(3) of this section.
(3) The BHA shall prioritize jails with minimal behavioral health services, including but not
limited to rural and frontier jails.
(4) Subject to available appropriations, the BHA shall require a county jail that receives
funding through the program to:
(a) Screen all individuals booked into the jail facility with standardized evidence -based
screening tools, as determined by the BHA, for mental health disorders, substance use disorders,
and suicide risk;
(b) Assess all individuals when booked into the jail facility and at any time subsequent to
booking when clinically indicated for substance use withdrawal symptoms and develop protocols
for medical detoxification monitoring procedures, medication -assisted treatment, or other
appropriate withdrawal management care, consistent with the requirements pursuant to sections
17-26-104.9 and 17-26-140;
(c) Assess all individuals booked into the jail facility for psychiatric medication needs by
requesting and reviewing medical and prescription history;
(d) Have access to all psychiatric medications, as defined by the medication formulary
established pursuant to section 27-70-103;
(e) Assist in the provision of coordinated services for individuals in jail custody who may
require competency restoration services;
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(f) Coordinate services with community behavioral health providers prior to the release of an
inmate to ensure continuity of care following his or her release from the jail facility;
(g) Track performance outcomes for measures developed by the BHA, including behavioral
health disorder prevalence and service data through information -sharing processes, as defined by
the BHA; and
(h) Partner with the BHA to develop feasible health information exchange strategies for
medical and behavioral health records.
(5) (a) The BHA shall require a county jail that receives funding through the program to have
a policy in place on or before January 1, 2020, that describes how medication -assisted treatment,
as defined in section 23-21-803, will be provided, when necessary, to individuals confined in the
county jail. The BHA shall require a county jail that receives funding through the program to
develop, implement, and publish a policy on or before January 1, 2023, that describes the
provision of medication -assisted treatment and other appropriate withdrawal management care
upon release from jail.
(b) A sheriff who is the custodian of a county jail or city and county jail may enter into
agreements with community agencies, behavioral health organizations, and substance use
disorder treatment organizations to assist in the development and administration of medication -
assisted treatment in the jail.
(6) Subject to available appropriations, nothing in this section prohibits program funds from
being used to meet the requirements outlined in sections 17-26-303 and 17-26-304 for local jails,
as defined in section 17 -26-302 (2), by providing additional staffing, training, robust behavioral
health services and supports, or facility changes. Any facility changes must be approved by the
BHA before funds may be expended.
Source: L. 2018: Entire section added, (SB 18-250), ch. 403, p. 2377, § 3, effective June 6. L.
2019: (5) added, (SB 19-008), ch. 275, p. 2599, § 7, effective August 2. L. 2021: (6) added, (HB
21-1211), ch. 322, p. 1982, § 3, effective June 24. L. 2022: (1), (3), IP(4), (4)(a), (4)(g), (4)(h),
(5)(a), and (6) amended, (HB 22-1278), ch. 222, p. 1523, § 92, effective July 1; IP(4), (4)(b), and
(5)(a) amended, (HB 22-1326), ch. 225, p. 1650, § 27, effective July 1.
Editor's note: Amendments to subsections IP(4) and (5)(a) by HB 22 -1278 and HB 22 -1326
were harmonized.
Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the
provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-
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2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022.
To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements"
on the Colorado General Assembly's website.
27-60-106.5. Criminal justice diversion programs - report - rules.
(1) (a) The BHA may contract with cities and counties for the creation, maintenance, or
expansion of criminal justice diversion programs. The goal of each program created pursuant to
this section should be to connect first responders with behavioral health providers to assist
individuals in need of behavioral health intervention or to divert individuals from the criminal
justice system.
(b) The BHA may require criminal justice diversion programs contracted pursuant to
subsection (1)(a) of this section to participate as a mobile crisis service in the behavioral health
crisis response system, created pursuant to section 27-60-103.
(2) On or before November 1, 2021, and on or before each November 1 thereafter, the BHA
shall include an update regarding the current status of funding and the criminal justice diversion
programs implemented pursuant to this section in its report to the judiciary committees of the
senate and the house of representatives, the health and human services committee of the senate,
the public and behavioral health and human services committee of the house of representatives,
or any successor committees, as part of its "State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act" presentation required by section 2-7-203.
(3) The state board of human services, created in section 26 -1-107, may promulgate rules to
implement the provisions of this section.
Source: L. 2020: Entire section added, (HB 20 -1017), ch. 288, p. 1426, § 10, effective
September 14. L. 2022: (1) and (2) amended, (HB 22 -1278), ch. 222, p. 1524, § 93, effective
July 1.
27-60-107. Behavioral health entity licenses - assistance - transfer of staff. (Repealed)
Source: L. 2019: Entire section added, (HB 19 -1237), ch. 413, p. 3637, § 2, effective August
2. L. 2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1524, § 94, effective July 1.
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27-60-108. Peer support professionals - cash fund - fees - requirements - rules -
legislative declaration - definitions.
(1) (a) The general assembly hereby finds and declares that:
(I) Peer support professionals help people achieve their recovery goals through shared
understanding, respect, and empowerment. Peer support offers a form of acceptance,
understanding, and validation not often found in other professional relationships.
(II) The federal centers for medicare and medicaid services recognize that peer support
professionals can be an important component in a state's delivery of effective mental health and
substance use disorder treatment;
(III) Peer support services can cut hospitalizations, increase a person's engagement in self -
care and wellness, and help to decrease a person's psychotic symptoms;
(IV) The COVID -19 pandemic has exacerbated Colorado's existing behavioral health
workforce shortage, particularly in rural areas and communities of color;
(V) Colorado lacks a behavioral health workforce that reflects the culture, ethnicity, sexual
orientation, gender identity, mental health service experiences, and substance use disorder
experiences of individuals in the state;
(VI) In the past two years, the number of people who have needed but have not received
behavioral health services has nearly doubled. Challenges to the workforce is considered the
leading cause for the decreased availability of behavioral health services. Peer support
professionals can help fill Colorado's workforce need.
(VII) The substance abuse and mental health services administration has identified peer -run
organizations as an evidence -based practice. Peer -run organizations may offer a variety of
services, including but not limited to:
(A) Peer-run drop-in centers;
(B) Recovery and wellness centers;
(C) Employment services;
(D) Prevention and early intervention activities;
(E) Peer mentoring for children and adolescents;
(F) Warm lines; or
(G) Advocacy services.
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(VIII) Peer -run organizations, including recovery community organizations, are important
components in Colorado's behavioral health system. These organizations help individuals define
their life goals and find a unique path toward recovery in a holistic manner.
(b) The general assembly finds, therefore, that it is in the best interest of the state to support
the peer support professional workforce through the creation of peer -run recovery support
services organizations. Peer -run and peer -led organizations will help expand peer support
services throughout the state, expand the behavioral health workforce, and save the state money
by reducing the need for crisis services.
(2) As used in this section, unless the context otherwise requires:
(a) "Licensed mental health provider" means a:
(I) Mental health professional licensed or certified pursuant to article 245 of title 12, except
for unlicensed psychotherapists pursuant to article 245 of title 12;
(II) Advanced practice registered nurse registered pursuant to section 12 -255-111 with
training in substance use disorders or mental health;
(III) Physician assistant licensed pursuant to section 12 -240-113 with specific training in
substance use disorders or mental health;
(IV) Psychiatric technician licensed pursuant to article 295 of title 12; and
(V) Medical doctor or doctor of osteopathy licensed pursuant to article 240 of title 12.
(b) "Peer support professional" means a peer support specialist, recovery coach, peer and
family recovery support specialist, peer mentor, family advocate, or family systems navigator
who meets the qualifications described in subsection (3)(a)(III) of this section.
(c) "Recovery support services organization" means an independent entity led and governed
by representatives of local communities of recovery and approved by the commissioner pursuant
to subsection (3)(a) of this section.
(3) (a) On or before July 1, 2022, the BHA shall develop a procedure for recovery support
services organizations to be approved by the commissioner for reimbursement pursuant to this
section. The procedures must ensure that the recovery support services organization:
(I) Provides recovery-focused services and supports;
(II) Employs or contracts with a licensed mental health provider to administer on -going
supervision of peer support professionals employed by recovery support services organizations.
The licensed mental health provider must be in good standing and must demonstrate having
received formal training specific to the provision of peer support services and supervision of peer
support professionals;
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(III) Employs or contracts with peer support professionals who must:
(A) Self -identify as having experienced the process of recovery from a mental health
disorder, substance use disorder, trauma, or one or all of such conditions, either as a consumer of
recovery services or as the parent or a family member of the consumer;
(B) Have successfully completed formal training covering all content areas outlined in the
core competencies for peer support professionals established by either the BHA or the substance
abuse and mental health services administration of the United States department of health and
human services; and
(C) Provide nonclinical support services that align with recommendations from the substance
abuse and mental health services administration of the United States department of health and
human services, including engaging individuals in peer -to-peer relationships that support
healing, personal growth, life skills development, self -care, and crisis -strategy development to
help achieve recovery, wellness, and life goals;
(IV) Has an established process by which the organization coordinates its services with those
rendered by other agencies to ensure an uninterrupted continuum of care to persons with
behavioral health disorders; and
(V) Meets any other standards as determined by rule of the executive director.
(b) A peer support professional may provide services for a recovery support services
organization in various clinical and nonclinical settings, including but not limited to:
(I) Justice-involved settings;
(II) Physical health settings, such as pediatrician or obstetric and gynecological health -care
offices;
(III) Emergency departments;
(IV) Services delivered via telehealth;
(V) Agencies serving homeless communities;
(VI) Peer respite homes;
(VII) School-based health centers; and
(VIII) Home- and community-based settings.
(c) The commissioner, in collaboration with the department of health care policy and
financing, may promulgate rules establishing minimum standards that recovery support services
organizations must meet.
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(4) The BHA may charge a fee for recovery support services organizations seeking approval
pursuant to subsection (3)(a) of this section. If the commissioner charges a fee to recovery
support services organizations, the commissioner shall promulgate rules to establish the fee in an
amount not to substantially exceed the amount charged to other behavioral health providers
seeking approval from the BHA. The BHA shall deposit any fees collected into the peer support
professional workforce cash fund created in subsection (6) of this section.
(5) The BHA may seek, accept, and expend gifts, grants, or donations from private or public
sources for the purposes of this section. The BHA shall transfer each gift, grant, and donation to
the state treasurer, who shall credit the same to the peer support professional workforce cash
fund created in subsection (6) of this section.
(6) (a) There is created in the state treasury the peer support professional workforce cash
fund, referred to in this section as the "fund", which consists of:
(I) Fees collected pursuant to subsection (4) of this section;
(II) Gifts, grants, and donations collected pursuant to subsection (5) of this section; and
(III) Money appropriated to the fund by the general assembly.
(b) The state treasurer shall credit all interest and income derived from the deposit and
investment of money in the fund to the fund.
(c) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal
year remains in the fund and is not transferred to the general fund or any other fund.
(d) Subject to annual appropriation by the general assembly, the BHA may expend state
money from the fund for the purpose of implementing this section.
(7) A peer -run recovery service provider shall not be compelled to seek approval from the
BHA to become a recovery support services organization. Expanded service funding available
for recovery services through recovery support services organizations is intended to supplement
existing state investment in the recovery system infrastructure. The BHA shall fund recovery
services, within existing appropriations, including peer -run organizations that do not seek to be
recovery support services organizations.
Source: L. 2021: Entire section added, (HB 21 -1021), ch. 256, p. 1505, § 1, effective
September 7. L. 2022: (2)(c), IP(3)(a), (3)(a)(III)(B), (3)(c), (4), (5), (6)(d), and (7) amended,
(HB 22-1278), ch. 222, p. 1524, § 95, effective July 1.
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27-60-109. Youth mental health services program - established - report - rules -
definitions - repeal.
(1) As used in this section, unless the context otherwise requires:
(a) "Portal" means the website or web -based application described in subsection (4) of this
section that facilitates the program.
(b) "Program" means the youth mental health services program established in this section.
(c) "Provider" means a licensed psychiatrist regulated pursuant to article 240 of title 12 or
any of the following licensees, certified professionals, or candidates regulated pursuant to article
245 of title 12: A licensed psychologist or psychologist candidate; licensed social worker,
licensed clinical social worker, or clinical social worker candidate; licensed marriage and family
therapist or marriage and family therapist candidate; licensed professional counselor or licensed
professional counselor candidate; or licensed addiction counselor, certified addiction specialist,
or addiction counselor candidate.
(d) "Telehealth" has the same meaning set forth in section 10-16-123.
(e) "Youth" means:
(I) A person eighteen years of age or younger; and
(II) A person who is twenty-one years of age or younger but older than eighteen years of age
who is receiving special education services pursuant to part 1 of article 20 of title 22.
(f) "Youth participant" means a youth who participates in a mental health session that is
reimbursed pursuant to the program.
(2) (a) There is established in the behavioral health administration the youth mental health
services program to facilitate access to mental health services, including substance use disorder
services, for youth to respond to mental health needs identified in an initial mental health
screening through the portal. The program reimburses providers for up to three mental health
sessions with a youth.
(b) The BHA shall reimburse providers who participate in the program for each mental
health session with a youth, either in -person or by telehealth, up to a maximum of three sessions
per youth client; except that subject to available money, the BHA may reimburse a provider for
additional sessions. To be eligible for reimbursement from the program, a provider must be
available to provide three mental health sessions to each youth the provider accepts as a client.
(c) A provider shall maintain client confidentiality pursuant to state or federal law with
regard to a youth client who participates in a mental health session with the provider that is
reimbursed pursuant to the program.
(3) (a) The BHA shall:
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(I) Develop a process consistent with the requirements of this section for providers to apply
for, and demonstrate eligibility to receive, reimbursement from the program;
(II) Determine a reasonable rate of reimbursement for each mental health session with a
youth client pursuant to the program, which rate must be the same regardless of whether the
appointment is a telehealth or in-person appointment; and
(III) Implement a statewide public awareness and outreach campaign about the program. The
general assembly encourages the BHA to involve schools, neighborhood youth organizations,
health-care providers, faith -based organizations, and any other community -based organizations
that interact with youth on the local level in disseminating information about the program.
(b) The state board may promulgate rules necessary for the administration of this section,
including rules to protect the privacy of youth who receive services through the program.
(4) (a) The BHA shall enter into an agreement with a vendor to create, or use an existing,
website or web -based application as a portal available to youth and providers to facilitate the
program. The portal must:
(I) Serve as a platform for initial age -appropriate mental health screenings to determine if a
youth may benefit from mental health support;
(II) Allow providers to register and share in-person or telehealth appointment availability;
(III) When possible, connect youth with providers who accept the youth's insurance or
payment source that may cover the costs of ongoing mental health treatment, if the youth has
insurance or a payment source; and
(IV) Allow a youth, regardless of whether the youth has insurance or any other payment
source, to schedule telehealth appointments with a provider. An in -person appointment may be
provided if and when available.
(b) Repealed.
(4.5) (a) On or before June 1 of each year, the vendor described in subsection (4) of this
section shall deliver to the BHA any of the following, collected during the prior year:
(I) Information about the program collected from surveys of youth participants, parents, and
providers; and
(II) Data from evaluations conducted by the vendor about the efficacy of the program,
including whether the program is serving the mental health needs of youth participants.
(b) The BHA shall conduct a survey of each provider who participates in the program that
solicits feedback about the following:
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(I) The met and unmet mental health needs of the youth participants who engaged in
treatment with the provider;
(II) Whether the provider made referrals for youth participants for additional services beyond
what is provided pursuant to the program; and
(III) Any other elements of the program.
(c) This subsection (4.5) does not authorize the BHA, a provider, a vendor, or any other
person to violate applicable federal or state patient privacy laws.
(5) On or before June 30 of each year, the state department shall report to the house of
representatives health and human services committee and the senate health and human services
committee, or their successor committees, regarding the number of youth who received services
under the program, excluding any personally identifiable information in accordance with state
and federal law; information in aggregate about the services provided to youth under the
program; other relevant information regarding the program; and the information reported to the
BHA by the vendor pursuant to subsection (4.5) of this section.
(5.5) Repealed.
(6) This section is repealed, effective June 30, 2034.
Source: L. 2021: Entire section added, (HB 21-1258), ch. 265, p. 1542, § 2, effective June 18.
L. 2022: (5) and (6) amended and (5.5) added, (HB 22 -1243), ch. 189, p. 1263, § 3, effective
May 19; (2)(a), (2)(b), IP(3)(a), (3)(a)(III), (3)(b), and IP(4)(a) amended, (HB 22 -1278), ch. 222,
p. 1525, § 96, effective July 1. L. 2024: (1)(b), (2)(a), (5), and (6) amended, (1)(f) and (4.5)
added, and (4)(b) repealed, (SB 24 -001), ch. 367, p. 2469, § 1, effective June 4. L. 2026: (5)
amended, (SB 26-169), ch. 311, p. 1812, § 54, effective August 12.
Editor's note: Subsection (5.5)(c) provided for the repeal of subsection (5.5), effective June
30, 2024. (See L. 2022, p. 1263).
Cross references: For the legislative declaration in HB 21 -1258, see section 1 of chapter 265,
Session Laws of Colorado 2021. For the legislative declaration in HB 22 -1243, see section 1 of
chapter 189, Session Laws of Colorado 2022.
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27-60-110. Behavioral health-care services for rural and agricultural communities -
vouchers - contract - appropriation.
(1) No later than one hundred eighty days after June 28, 2021, the BHA, in collaboration
with the department of agriculture, shall contract with a nonprofit organization primarily focused
on serving agricultural and rural communities in Colorado, as identified by the BHA, to provide
vouchers to individuals living in rural and frontier communities in need of behavioral health -care
services.
(2) The nonprofit organization awarded the contract pursuant to subsection (1) of this section
shall:
(a) Contract with licensed behavioral health -care providers that have completed training on
cultural competencies specific to the Colorado agricultural and rural community lifestyle to
provide direct behavioral health -care services to farmers, ranchers, farm and ranch workers and
their families, and other underserved populations in rural and agricultural communities. At least
sixty percent of the money received pursuant to the contract must be used for direct behavioral
health-care services described in this subsection (2)(a).
(b) Develop training materials and train behavioral health -care providers on cultural
competencies specific to the Colorado agricultural and rural community lifestyle.
(3) For the 2026 -27 fiscal year, and each fiscal year thereafter, the general assembly may
annually appropriate money for the contract awarded pursuant to subsection (1) of this section.
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2367, § 14, effective June 28.
L. 2022: (1) amended, (HB 22 -1278), ch. 222, p. 1526, § 97, effective July 1. L. 2026: (3)
amended, (HB 26-1378), ch. 245, p. 1392, § 4, effective May 29.
Cross references: For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
27-60-111. County-based behavioral health grant program - created - report - rules -
repeal. (Repealed)
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2368, § 15, effective June 28.
L. 2022: (1), (2)(o), (3), (4), (6), (7), (8), and (9) amended, (HB 22-1278), ch. 222, p. 1526, § 98,
effective July 1.
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Editor's note: Subsection (10) provided for the repeal of this section, effective July 1, 2023.
(See L. 2021, p. 2368.)
27-60-112. Behavioral health-care workforce development program - creation - rules -
report.
(1) There is created in the behavioral health administration the behavioral health -care
workforce development program, referred to in this section as the "program". The purpose of the
program is to increase the behavioral health -care workforce's ability to treat individuals,
including youth, with severe behavioral health disorders.
(2) To implement the program, the BHA shall:
(a) Develop an online training system that allows for accessible statewide training
opportunities;
(b) (I) Develop an online training curriculum for providers in rural and metro areas to
increase competencies in mental health and substance use disorders that will support a high -
quality, trained, culturally responsive, and diverse behavioral health-care workforce.
(II) The office shall also:
(A) Develop a process to track, store, and create reports concerning the training and
continuing education in the curriculum developed pursuant to subsection (2)(b)(I) of this section
and to track providers' completion of in -person and virtual training offered pursuant to this
subsection (2)(b); and
(B) Collaborate with credentialing entities to track peer support professionals in the state.
(c) Provide fiscal incentives for lower income individuals to obtain a degree in behavioral
health, with funding specifically targeted for rural areas of the state;
(d) Provide training to the existing behavioral health -care workforce to be certified in
federally reimbursed services; and
(e) Provide capacity -building grants to diversify the safety net provider workforce and meet
the requirements of part 3 of article 50 of this title 27.
(3) The state board may promulgate rules as necessary for the implementation of this section.
(4) For the state fiscal year 2021 -22 and each state fiscal year thereafter for which the
program receives funding, the BHA shall report a summary of the expenditures from the
program, the impact of the expenditures in increasing the behavioral health -care workforce, and
any recommendations to strengthen and improve the behavioral health -care workforce as part of
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its annual presentation to the general assembly required under the "State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title
2.
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2370, § 16, effective June 28.
L. 2022: (1), IP(2), (2)(e), (3), and (4) amended, (HB 22 -1278), ch. 222, p. 1528, § 99, effective
July 1; (2)(b) amended, (SB 22-181), ch. 452, p. 3252, § 5, effective July 1.
Editor's note: Section 38 of chapter 362 (SB 21 -137), Session Laws of Colorado 2021,
provides that section 16 of the act adding this section takes effect only if SB 21-288 becomes law
and takes effect either upon the effective date of SB 21 -137 or one day after the passage of SB
21-288, whichever is later. SB 21-288 became law and took effect June 11, 2021, and SB 21 -137
took effect June 28, 2021.
Cross references: (1) For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
(2) For the legislative declaration in SB 22 -181, see section 1 of chapter 452, Session Laws of
Colorado 2022.
27-60-113. Out-of-home placement for children and youth with mental or behavioral
needs - rules - report - legislative declaration - repeal. (Repealed)
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2371, § 17, effective June 28.
L. 2022: Entire section repealed, (HB 22 -1283), ch. 185, p. 1244, § 4, effective May 18; (2)
amended, (HB 22-1295), ch. 123, p. 863, § 115, effective July 1.
Editor's note: (1) Subsection (2) was amended in HB 22 -1295. Those amendments were
superseded by the repeal of this section in HB 22-1283.
(2) This section was relocated to § 26-5-117.
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Cross references: (1) For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
(2) For the legislative declaration in HB 22 -1283, see section 1 of chapter 185, Session Laws
of Colorado 2022.
27-60-114. Colorado land-based tribe behavioral health services grant - creation -
funding - definitions - repeal.
(1) As used in this section, unless the context otherwise requires:
(a) "Colorado land -based tribe" means the southern Ute Indian tribe and the Ute mountain
Ute tribe.
(b) "Grant applicant" means the southern Ute Indian tribe, the Ute mountain Ute tribe, or any
authorized department, division, or affiliate thereof that applies for the grant pursuant to this
section.
(c) "Grant program" means the Colorado land -based tribe behavioral health services grant
program created in subsection (2) of this section.
(d) "Grant recipient" means the southern Ute Indian tribe, the Ute mountain Ute tribe, or any
authorized department, division, or affiliate thereof that is awarded the grant pursuant to this
section.
(2) There is created in the state department the Colorado land -based tribe behavioral health
services grant program to provide funding to one or more Colorado land -based tribes to support
capital expenditure for the renovation or building of a behavioral health facility to provide
behavioral and mental health services as the grant recipient may deem appropriate, which
services may include inpatient services and transitional housing to principally or fully serve
American Indian and Alaska native individuals, including those who may be eligible for Indian
health service benefits.
(3) The grant recipient may use the money received through the grant program for capital
expenditure costs associated with renovating an existing behavioral health facility or building a
new behavioral health facility to provide behavioral health services as the grant recipient may
deem appropriate, which may include inpatient behavioral health services and transitional
housing, to principally serve the American Indian and Alaska native patients including those who
may be eligible for Indian health service benefits. Subject to available appropriations, the state
department shall implement and administer the grant program and shall award the grant to the
grant recipient in an amount not greater than five million dollars.
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(4) An eligible Colorado land -based tribe may apply to the state department in accordance
with the procedures, time frames, and requirements set by the state department to receive money
through the grant program.
(5) The state department shall review applications received from grant applicants pursuant to
this section.
(6) To receive a grant, a grant applicant must submit an application to the state department in
the form prescribed by the state department.
(7) The state department may select a grant recipient to receive the grant under this grant
program in an amount not greater than five million dollars.
(8) To be eligible to receive a grant, a grant applicant that requests grant money that
originates from the money the state received from the coronavirus state fiscal recovery fund must
submit to the state department a written justification as set forth in 31 CFR 35.6 (b)(4) for the
capital expenditure; except that this requirement does not apply if the state department
determines that the written justification is not required based on how the expenditures authorized
pursuant to this section will be reported to the United States department of the treasury. For
money that did not originate from the money the state received from the coronavirus state fiscal
recovery fund, a written justification is not required, except as the state department determines
necessary to comply with federal written justification requirements.
(9) The state department and the grant recipient shall comply with the compliance, reporting,
record-keeping, and program evaluation requirements established by the office of state planning
and budgeting and the state controller in accordance with section 24-75-226 (5).
(10) For state fiscal year 2022 -23, the general assembly shall appropriate five million dollars
from the behavioral and mental health cash fund created in section 24 -75-230 to the state
department to be used for the purposes of this section.
(11) The state department shall distribute the grant money to the grant recipient within thirty
days after the grant recipient submits a written justification specified in subsection (8) of this
section but not later than December 31, 2024. The grant recipient shall spend or obligate all grant
money awarded to the grant recipient in accordance with section 24-75-226 (4)(d).
(12) This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22 -148), ch. 217, p. 1428, § 2, effective May 24.
L. 2024: (8) and (11) amended, (HB 24-1466), ch. 429, p. 2944, § 38, effective June 5.
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Cross references: For the legislative declaration in SB 22 -148, see section 1 of chapter 217,
Session Laws of Colorado 2022. For the legislative declaration in HB 24 -1466, see section 1 of
chapter 429, Session Laws of Colorado 2024.
27-60-115. Behavioral health feasibility study - authority to contract - report -
definitions - appropriation. (Repealed)
Source: L. 2023: Entire section added, (HB 23-1153), ch. 283, p. 1672, § 1, effective May 30.
L. 2026: Entire section repealed, (HB 26-1295), ch. 121, p. 528, § 31, effective August 12.
27-60-116. Withdrawal management facilities - data collection - approval of admission
criteria - definition.
(1) (a) No later than July 1, 2025, the behavioral health administration shall collect data from
each withdrawal management facility on the total number of individuals who were denied
admittance or treatment for withdrawal management during the previous calendar year and the
reason for the denial.
(b) The BHA shall share the data received from withdrawal management facilities pursuant
to subsection (1)(a) of this section with behavioral health administrative services organizations.
(2) Beginning January 1, 2025, the BHA shall review and approve any admission criteria
established by a withdrawal management facility, as defined in section 27-66.5-102.
(3) As used in this section, "withdrawal management facility" has the same meaning as set
forth in section 27-66.5-102.
Source: L. 2024: Entire section added, (HB 24-1045), ch. 470, p. 3288, § 22, effective August
7 (see editor's note).
Editor's note: Section 32 of chapter 470, (HB 24 -1045), Session Laws of Colorado 2024,
provides that subsection (1)(b) takes effect July 1, 2025, and the remainder of the section takes
effect August 7, 2024.
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27-60-117. Crisis response continuum of care - reimbursement shortages and gaps -
report - repeal.
(1) On or before January 1, 2027, the behavioral health administration, in collaboration with
the department of health care policy and financing, shall provide information to the house of
representatives health and human services committee and the senate health and human services
committee, or their successor committees, and any impacted state agency, regarding the
reimbursement shortages and gaps within the continuum of care for behavioral health crisis
response, and reimbursement and funding options at the state and federal level that are available
to address shortages and gaps, including funding for treatment in place.
(2) This section is repealed, effective June 30, 2027.
Source: L. 2025: Entire section added, (SB 25-042), ch. 28, p. 158, § 2, effective August 6.
PART 2
BEHA VIORAL HEALTH ADMINISTRATION
27-60-201. Legislative declaration.
(1) The general assembly finds and declares that:
(a) On April 8, 2019, the Colorado behavioral health task force was created, bringing
together individuals representing diverse and balanced perspectives with respect to issues such as
adults, children, and families who are dealing with mental health or substance use issues, key
executive agencies representing state, local, and tribal governments, criminal justice experts,
advocacy groups, behavioral health experts, and consumers;
(b) The mission of the behavioral health task force was to evaluate and create a plan to
improve the current behavioral health system in Colorado;
(c) The behavioral health task force focused on creating a behavioral health system that
includes equitable access to whole-person care;
(d) In September 2020, the behavioral health task force released its blueprint, subcommittee,
and COVID-19 special committee reports that outline its vision for behavioral health reform; and
(e) The findings and recommendations of the task force indicate that it is imperative that an
improved behavioral health system in Colorado:
(I) Provide equitable and meaningful access to services and care for Coloradans, regardless
of ability to pay, co -occurring conditions, disability, linguistics, geographic location, racial or
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ethnic identity, religion, socioeconomic status, sexual orientation, age, gender identity, housing
status, history of criminal justice involvement, payer source, culture, or any other factor;
(II) Provide access to care that:
(A) Integrates physical and behavioral health;
(B) Is culturally and linguistically responsive, trauma -informed, and tailored to the
individual and specific family needs; and
(C) Prioritizes all aspects of health, including wellness, and early interventions and supports
that help people stay successfully and meaningfully connected to the community where they live,
work, and play;
(III) Provides a continuum of services for children, youth, and adults, including meeting the
unique needs of children and youth. Young people have different needs than adults and should be
offered developmentally appropriate and culturally competent services.
(IV) Provides access to quality and affordable services in a variety of methods, including in -
person and virtual services;
(V) Provides access to behavioral health services in regions and communities without
necessitating engagement with the criminal or juvenile justice systems;
(VI) Provides Coloradans with access to affordable care that keeps them healthy, and
administrative efficiencies across the behavioral health -care industry align with payment models
and incentives that drive quality and improved outcomes;
(VII) Includes a high -quality, trained, culturally responsive, trauma -informed, and diverse
professional behavioral health workforce that delivers outcomes and equitable access to care; and
(VIII) Provides Coloradans with an opportunity to achieve and maintain mental wellness by
addressing social determinants of health, such as housing, transportation, and employment, in
addition to the integration of physical and behavioral health care.
(2) The general assembly further finds that in implementing the findings and
recommendations of the Colorado behavioral health task force it is imperative to rely on all
stakeholders working together to hold the behavioral health system accountable to ensure all
Coloradans are receiving the care needed to fulfill the task force's aim of ensuring a quality
behavioral health system.
(3) Therefore, the general assembly declares that, to ensure a standard of high -quality,
integrated, and consumer -centric access to behavioral health -care services, it is imperative that
the recommendations and findings included in the blueprint created by the Colorado behavioral
health task force be followed and that a single state agency, known as the behavioral health
administration, be established to lead and promote the state's behavioral health priorities. It is
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imperative that the behavioral health administration transform the state's current behavioral
health system by:
(a) Coordinating and integrating the delivery of behavioral health services in Colorado;
(b) Setting standards for the behavioral health system to improve the quality and equity of
care;
(c) Ensuring that behavioral health services respond to the changing needs of communities,
monitor state and local outcomes, support tribal needs, and evaluate state efforts;
(d) Improving equitable access to, quality of, and affordability of behavioral health services
for Coloradans;
(e) Preserving and building upon the integration of behavioral and physical health care that
treats the whole person;
(f) Leading and promoting Colorado's priority of addressing the increasing need for
behavioral health services;
(g) Eliminating unnecessary fragmentation of services and streamlining access;
(h) Addressing social determinants of health as a core component of behavioral health
outcomes;
(i) Promoting transparency and accountability of behavioral health reform outcomes and
spending of taxpayer dollars; and
(j) Reducing administrative burden on behavioral health -care providers so they are able to
focus on client care.
Source: L. 2021: Entire part added, (HB 21-1097), ch. 48, p. 198, § 1, effective April 22.
27-60-202. Definitions.
As used in this part 2, unless the context otherwise requires:
(1) "Behavioral health" has the same meaning as set forth in section 27-60-100.3.
(2) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
(2.5) "Care coordination" means services that support individuals and families and initiate
care and navigating crisis supports, mental health and substance use disorder assistance, and
services that address the social determinants of health, and preventive care services.
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(3) Repealed.
(4) "State department" means the state department of human services created pursuant to
section 26-1-105.
Source: L. 2021: Entire part added, (HB 21-1097), ch. 48, p. 201, § 1, effective April 22; (2.5)
added, (SB 21 -137), ch. 362, p. 2374, § 18, effective June 28. L. 2022: (2) amended and (3)
repealed, (HB 22-1278), ch. 222, p. 1531, § 101, effective July 1.
Cross references: For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
27-60-203. Behavioral health administration - timeline.
(1) to (4) Repealed.
(5) (a) On or before July 1, 2022, the behavioral health administration is established in the
state department. During the time it takes for the BHA to become fully operational, it remains a
part of the state department until a determination is made by the general assembly concerning the
department it will be permanently located in.
(b) On or before November 1, 2024, the state department shall provide a report to the joint
budget committee, the public and behavioral health and human services committee of the house
of representatives, and the health and human services committee of the senate, or any successor
committees, concerning recommendations on whether the BHA should remain in the state
department or be transferred to a different department within the state.
(c) If the general assembly takes no additional legislative action on or before June 30, 2025,
the BHA will remain in the state department.
Source: L. 2021: Entire part added, (HB 21 -1097), ch. 48, p. 201, § 1, effective April 22. L.
2022: (1), (2), (3), and (4) repealed, (HB 22-1278), ch. 222, p. 1531, § 102, effective July 1.
27-60-204. Care coordination infrastructure - implementation - care navigation
program - creation - report - rules - definition.
(1) Care coordination infrastructure.
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(a) No later than July 1, 2024, the BHA, in collaboration with the department of health care
policy and financing, shall develop a statewide care coordination infrastructure to drive
accountability and more effective behavioral health navigation to care that builds upon and
collaborates with existing care coordination services. The infrastructure must include:
(I) A website and mobile application that serves as a centralized gateway for information for
patients, providers, and care coordination and that facilities access and navigation of behavioral
health-care services and support; and
(II) A cloud-based platform to allow providers that do not utilize an electronic health record
to actively participate in the care coordination infrastructure.
(b) The BHA shall convene a working group of geographically and demographically diverse
partners and stakeholders, including those with lived and professional experience, to provide
feedback and recommendations that inform and guide the development of the statewide care
coordination infrastructure developed pursuant to subsection (1)(a) of this section.
(c) The department of health care policy and financing, the division of insurance in the
department of regulatory agencies, and the working group created pursuant to subsection (1)(b)
of this section shall determine how medicaid and private insurance existing care coordination
services are aligned with the statewide care coordination infrastructure described in subsection
(1)(a) of this section.
(d) The BHA shall implement, directly or through a contractor, a comprehensive and robust
marketing and outreach plan to make Coloradans aware of the website, mobile application,
cloud-based platform, and associated care coordination services developed pursuant to
subsection (1)(a) of this section.
(2) The BHA shall ensure navigators are available through the website and mobile
application developed pursuant to subsection (1)(a) of this section, as well as in specific regional
locations. The statewide care coordination infrastructure is responsible for providing regional
access to care coordination services.
(3) The BHA shall utilize behavioral health administrative services organizations established
pursuant to part 4 of article 50 of this title 27 to help individuals and families initiate care and
ensure timely access to person -centered, trauma -informed, and culturally responsive quality
crisis supports; mental health and substance use disorder services; and preventive care services,
including services that address the social determinants of health. When possible, the care
coordination infrastructure must integrate with other health -care system resources to serve
individuals with complex needs.
(4) In implementing the care coordination infrastructure developed pursuant to subsection (1)
of this section, the BHA shall:
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(a) Train new and existing navigators on the behavioral health safety net system services for
children, youth, and adults, behavioral health service delivery procedures, and social
determinants of health resources. At a minimum, the BHA shall train existing managed care
entity providers, employees of the 988 crisis hotline enterprise created in section 27 -64-103, 911
dispatchers, BHA care coordinators and navigators, and other providers participating in other
safety net provider settings;
(b) Ensure that the care coordination infrastructure can direct individuals where to seek in -
person or virtual navigation support;
(c) Ensure that the administrative burden associated with provider enrollment and
credentialing for navigators and care coordination providers is minimal;
(d) As part of the annual report submitted pursuant to section 27 -50-204, include a summary
of outcomes for individuals who access the statewide care coordination infrastructure; and
(e) Ensure the 988 crisis hotline established pursuant to article 64 of this title 27:
(I) Responds to anyone experiencing a mental health or substance use crisis;
(II) Documents referrals and transfers of care of persons with one or more community -based
service providers, such as care coordination and care navigation services; and
(III) Includes connections to:
(A) The forthcoming Colorado behavioral health resource navigation system, which more
quickly links individuals in crisis with available services;
(B) The statewide and regional care coordination system;
(C) Peer support services; and
(D) The behavioral health crisis response system created pursuant to section 27-60-103.
(5) Each behavioral health administrative services organization established pursuant to part 4
of article 50 of this title 27 shall:
(a) Utilize navigators trained in the use of the care coordination infrastructure pursuant to
subsection (4)(a) of this section to identify community -based and social determinants of health
services and capacity, including on -the-ground local support to encourage participation and
engagement in services;
(b) Utilize navigators and coordinators to support individuals in connecting to the safety net
system created pursuant to part 3 of article 50 of this title 27, including services not covered by
an individual's insurance;
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(c) Monitor and report quarterly on the safety net system and safety net providers to support
accountability in connecting individuals to services and the delivery of those services to
individuals with the highest needs;
(d) Support continued connection with the safety net system after an individual is discharged
from hospitalization, the criminal justice system, an emergency department, or other behavioral
health facilities, including withdrawal management facilities and jails, by building multi -sector,
multi-system referral and outcome tracking into the care coordination system;
(e) Require contracted providers to use the statewide care coordination system, report on
outcomes, including how and when individuals accessed care, and work collaboratively with the
care coordination entity to ensure individuals receive needed services in a timely manner; and
(f) Any other duties required by law or the BHA.
(6) Beginning January 2025, and each January thereafter, the department of health care
policy and financing shall assess the care coordination services provided by managed care
entities and provide a report as part of its "State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act" hearing required by section 2-7-203. At a minimum, the
report must include:
(a) The number of individuals served by each managed care entity through care coordination;
(b) Data on care coordination services provided by each managed care entity, including
follow-up contacts to ensure clients were connected to services;
(c) Data on efforts made to reconnect with individuals who did not initially follow through
on care coordination services;
(d) Data on referrals to community -based services and follow -up services by each managed
care entity for individuals served through care coordination services; and
(e) Data on the utilization of care navigation services pursuant to subsection (9) of this
section in accordance with state and federal health-care privacy laws.
(7) The BHA and any person that receives money from the state department shall comply
with the compliance, reporting, record-keeping, and program evaluation requirements established
by the office of state planning and budgeting and the state controller in accordance with section
24-75-226 (5).
(8) Repealed.
(9) Care navigation program.
(a) As used in this section, "engaged client" means an individual who is interested in and
willing to engage in substance use disorder treatment and recovery services or other treatment
services either for the individual or an affected family member or friend.
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(b) Subject to available appropriations, the BHA shall implement a care navigation program
to assist engaged clients in obtaining access to treatment for substance use disorders. At a
minimum, services available statewide must include independent screening of the treatment
needs of the engaged client using nationally recognized screening criteria to determine the
correct level of care; the identification of licensed or accredited substance use disorder treatment
options, including social and medical detoxification services, medication -assisted treatment, and
inpatient and outpatient treatment programs; and the availability of various treatment options for
the engaged client.
(c) To implement the care navigation program, the BHA shall, directly or through contract,
provide care navigation services and align the care navigation services with the care coordination
infrastructure established pursuant to this section.
(d) The state board may promulgate any rules necessary to implement the care navigation
program.
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2374, § 19, effective June 28.
L. 2022: Entire section amended, (SB 22 -177), ch. 223, p. 1607, § 2, effective July 1; (1)(a),
(1)(b), (1)(d), and (2) amended, (HB 22-1278), ch. 222, p. 1533, § 103, effective July 1. L. 2023:
IP(1)(a), (6)(c), and (6)(d) amended, (6)(e) added, and (9) added with relocations, (HB 23 -1236),
ch. 206, p. 1064, § 34, effective May 16.
Editor's note: (1) Subsection (8)(b) provided for the repeal of subsection (8), effective July 1,
2023. (See L. 2022, p. 1607.)
(2) Subsections (9)(a), (9)(b), (9)(c), and (9)(d) are similar to former § 27 -80-119 (2), (3), (4),
and (7), respectively, as they existed prior to 2023.
Cross references: (1) For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
(2) For the legislative declaration in SB 22 -177, see section 1 of chapter 223, Session Laws of
Colorado 2022.
27-60-205. (Reserved)
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27-60-206. Substance use workforce stability grant program - repeal.
(1) There is established in the BHA the substance use workforce stability grant program,
referred to in this section as the "grant program". The BHA shall administer the grant program
and shall develop policies and procedures for the grant program, which must include a grant
application process, criteria for awarding grants and determining the amount of a grant award,
and the timeline for awarding grants and distributing grant money.
(2) A substance use disorder treatment provider or a recovery provider, including providers
that serve children, and a local government, as defined in section 27 -60-501, is eligible for a
grant. In order to receive a grant, a provider must submit an application to the BHA and must
prioritize providing services to voluntary and civil clients.
(3) The BHA shall accept and review grant applications and award grants. The BHA shall
prioritize awarding grants to providers that offer same -day or next-day appointments, serve low-
income and marginalized populations, or intend to expand the number of individuals they serve.
(4) A grant recipient shall use a grant award to support direct care staff who spend fifty
percent or more of their time working with clients. Supporting direct care staff may include
temporary salary increases, recruitment and retention bonuses, and other tactics that support
staff.
(5) (a) The general assembly shall appropriate to the state department money from the
behavioral and mental health cash fund created in section 24-75-230 for the grant program.
(b) The state department, BHA, and any person who receives money from the BHA,
including each grant recipient, shall comply with the compliance, reporting, record -keeping, and
program evaluation requirements established by the office of state planning and budgeting and
the state controller in accordance with section 24-75-226 (5).
(6) This section is repealed, effective June 30, 2027.
Source: L. 2022: Entire section added, (HB 22-1281), ch. 182, p. 1218, § 3, effective May 18.
L. 2025: (5)(a) amended, (SB 25-312), ch. 301, p. 1538, § 16, effective May 30.
Cross references: For the legislative declaration in HB 22 -1281, see section 1 of chapter 182,
Session Laws of Colorado 2022.
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27-60-207. Ibogaine research pilot program - creation - federal approval - fund - rules -
reporting - definitions - repeal.
(1) As used in this section, unless the context otherwise requires:
(a) "Benefit -sharing plan" means an arrangement with Indigenous communities traditionally
connected to the use of ibogaine or iboga that is intended to share in the benefits that arise from
the research, therapeutic use, or commercialization of ibogaine or iboga. Benefits may include:
(I) Financial benefit sharing;
(II) Collaborative research or data sharing;
(III) Conservation support for plant species and habitats;
(IV) Community-identified development priorities;
(V) Cultural or educational exchanges; and
(VI) Utilizing a source for ibogaine that engages in benefit -sharing and ethical and
sustainable cultivation practices.
(b) "Fund" means the ibogaine research pilot program cash fund created in subsection (10) of
this section.
(c) "Ibogaine pilot site" means a facilitation site selected and authorized by the BHA to
administer the pilot program.
(d) "Pilot program" means the ibogaine research pilot program established in subsection (2)
of this section.
(2) There is established in the BHA the ibogaine research pilot program for the purpose of
supporting research on the safety and effectiveness of using ibogaine to treat mental health
conditions and substance use disorders.
(3) The BHA shall operate the pilot program. In operating the pilot program, the BHA:
(a) May approve up to five ibogaine pilot sites;
(b) May require a memorandum of understanding with each pilot site to ensure proper
administration of the pilot program;
(c) In partnership with the ibogaine pilot sites, and in coordination with other appropriate
state agencies, may seek federal authorization pursuant to 21 U.S.C. sec. 872(e) or other
applicable federal law for purposes of expanding or advancing ibogaine research efforts;
(d) Shall assist the ibogaine pilot sites to complete and submit an investigational new drug
application or revise and expand upon an existing investigational new drug application with the
United States food and drug administration in accordance with 21 CFR part 312;
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(e) Shall consider whether to obtain federal research program status under 21 U.S.C. sec. 872
or other applicable federal law for the purposes of expanding or advancing research efforts of the
pilot sites;
(f) May negotiate a memorandum of understanding with the United States drug enforcement
administration, United States department of health and human services, United States food and
drug administration, United States attorney general, or any other appropriate federal agency, as
necessary to ensure federal compliance and proper administration of the pilot program;
(g) May contract with individuals with expertise in behavioral health, nursing, researching a
schedule I controlled substance, drug development, institutional review board and United States
food and drug administration regulatory compliance, and physician consultation services to assist
in the administration of the pilot program;
(h) May assist ibogaine pilot sites with funding opportunities, including identifying and
applying for state, federal, or private grants;
(i) May award grants to selected ibogaine pilot sites to assist with operational costs; and
(j) May collaborate and enter into agreements with other states, state agencies, federally
recognized tribes, and public or private entities to participate in multi -state consortia or similar
efforts, including the sharing of data, funding, research, clinical protocols, and regulatory best
practices related to ibogaine and ibogaine-related therapies.
(4) (a) The BHA shall establish a process to solicit and select ibogaine pilot sites.
(b) The BHA shall establish a pilot proposal review committee to review applications
received from the solicitation process required by subsection (4)(a) of this section and make a
recommendation to the BHA on the selection or denial of each application. The BHA shall notify
each applicant of the selection decision within ninety days after the application deadline set by
the BHA.
(5) To be eligible as an ibogaine pilot site, an applicant must:
(a) Demonstrate an intent to pursue the federal approval to operate an ibogaine pilot site to
study safety and treatment effectiveness of the use of ibogaine to treat mental health conditions
and substance use disorders; and
(b) Establish a benefit -sharing plan, which may be developed in consultation with
Indigenous communities or their recognized governing institutions traditionally connected to
ibogaine or iboga, that directly benefits those communities and shares in the benefits arising
from research, therapeutic use, or commercialization of ibogaine or iboga. The benefit -sharing
plan must include documentation of the sourcing of ibogaine or iboga.
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(c) In developing a benefit -sharing plan pursuant to this subsection (5), applicants may
consider internationally recognized principles related to equitable benefit sharing that may arise
from the use of resources and traditional knowledge.
(6) (a) The commissioner shall adopt rules that are necessary to establish and administer the
ibogaine pilot program. At a minimum, the commissioner shall adopt rules on the following:
(I) The application process for prospective ibogaine pilot site applicants;
(II) Criteria for awarding grants to ibogaine pilot sites to assist the ibogaine pilot site with
funding;
(III) Data and research collection by the ibogaine pilot sites on the use and effectiveness of
ibogaine in treating mental health conditions and substance use disorders;
(IV) Information sharing between the ibogaine pilot sites and the BHA;
(V) Adverse event reporting; and
(VI) Other rules that are necessary for the safe and effective operation of the ibogaine pilot
sites and administration of the ibogaine research pilot program established by this section.
(b) With the exception of the requirements of subsection (6)(a) of this section, the
commissioner shall not adopt rules that are duplicative of federal law.
(7) On or before a date set by the BHA and annually thereafter that the pilot program is
operational, each ibogaine pilot site must submit the data and research as required pursuant to
subsection (6)(a)(III) of this section for the proceeding year to the BHA.
(8) At least annually, but not more than quarterly, beginning one month after the date set by
the BHA described in subsection (7) of this section while the pilot program is operational, the
BHA must review the data and research submitted by the ibogaine pilot sites, as required by
subsection (7) of this section, and post a report detailing the ibogaine pilot site findings on the
BHA's website.
(9) The BHA may seek, accept, and expend gifts, grants, or donations received from private
or public sources for the purposes of this section. The BHA shall transmit all money received
through gifts, grants, or donations to the state treasurer, who shall credit the money to the
ibogaine research pilot program cash fund created in subsection (10) of this section. The BHA
may accept donations of in-kind services for purposes of this section.
(10) The ibogaine research pilot program cash fund is created in the state treasury. The fund
consists of gifts, grants, and donations credited to the fund pursuant to subsection (9) of this
section and any other money that the general assembly may appropriate or transfer to the fund.
The state treasurer shall credit all interest and income derived from the deposit and investment of
money in the fund to the fund. Money in the fund is continuously appropriated to the BHA for
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the purpose of administering the ibogaine research pilot program and awarding grants to selected
ibogaine pilot sites.
(11) The operation of an ibogaine pilot site in accordance with this section is contingent on
federal approval.
(12) This section does not preclude a person from administering ibogaine outside of the pilot
program in compliance with federal law or as permitted pursuant to the "Natural Medicine
Health Act of 2022", article 170 of title 12, and the "Colorado Natural Medicine Code", article
50 of title 44.
(13) An individual or entity participating in the pilot program must not be prosecuted or
otherwise disciplined for actions or conduct permitted pursuant to this section.
(14) (a) A physician or health-care professional administering ibogaine to participants as part
of the pilot program, or an ibogaine pilot site, is not liable for money damages in a civil
malpractice action, a physical or psychological injury that a participant may experience as a
result of being administered ibogaine as a participant in the pilot program, unless the injury was
the direct result of the physician's or health -care professional's intentional misconduct, gross
negligence, or a deviation from the generally accepted standards of practice.
(b) This subsection (14) does not apply to administrative proceedings.
(15) The BHA shall work to secure federal research and development funding available
through the advanced research projects agency for health within the federal department of health
and human services, or other available federal funding, in order to advance research efforts on
the use of ibogaine as a treatment for serious mental illnesses.
(16) Subsections (1), (2), (3), (4), (5), (6), (7), (8), (11), (12), (13), (14), and (15) of this
section take effect if the BHA receives one hundred fifty thousand dollars in gifts, grants, or
donations, or if the BHA receives in -kind donations for which the value is equal to one hundred
fifty thousand dollars, before January 1, 2028, for the purpose of implementing this section. The
commissioner of the BHA shall notify the revisor of statutes in writing of the date on which the
condition specified in this subsection (16) has occurred by emailing the notice to
revisorofstatutes.ga@coleg.gov. Subsections (1), (2), (3), (4), (5), (6), (7), (8), (11), (12), (13),
(14), and (15) of this section take effect on the date identified in the notice to the revisor of
statutes that the BHA has received one hundred fifty thousand dollars in gifts, grants, or
donations, or an in -kind donation for which the value is equal to one hundred fifty thousand
dollars, for the purpose of this section, or, if the notice to the revisor of statutes does not specify
that date, on the date of the notice to the revisor of statutes.
(17) (a) The BHA must receive additional gifts, grants, or donations in the amount necessary
to cover the total remaining cost of operating the pilot program for the duration of the pilot
program, or in-kind donations for which the value is equal to the amount necessary to cover the
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total remaining cost of operating the pilot program for the duration of the pilot program, within
three hundred sixty -five days following the date on which subsections (1), (2), (3), (4), (5), (6),
(7), (8), (11), (12), (13), (14), and (15) of this section take effect.
(b) This section is repealed if the BHA does not receive additional gifts, grants, or donations
in the amount necessary to cover the total remaining cost of operating the pilot program for the
duration of the pilot program, or in -kind donations for which the value is equal to the amount
necessary to cover the total remaining cost of operating the pilot program for the duration of the
pilot program, within three hundred sixty -five days following the date on which the revisor of
statutes receives notice pursuant to subsection (16) of this section. The commissioner of the BHA
shall notify the revisor of statutes of the date on which the condition specified in this subsection
(17)(b) has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov.
(18) (a) If, on or before January 1, 2028, the money in the fund has never reached or
exceeded one hundred fifty thousand dollars, or additional gifts, grants, or donations in the
amount necessary to cover the total remaining cost of the pilot program are not received within
three hundred sixty-five days following the date on which the revisor of statutes receives notice
pursuant to subsection (16) of this section, the state treasurer shall return from the fund to the
grantor or donor the amount of the grantor's or donor's gifts, grants, or donations and,
notwithstanding subsection (17) of this section, the BHA shall not accept additional gifts, grants,
or donations for the purposes of this section.
(b) If any money remains in the fund after the state treasurer returns money to donors or
grantors pursuant to subsection (18)(a) of this section, as applicable, the state treasurer shall,
prior to the repeal of the fund, transfer all unexpended and unencumbered money in the fund to
the regulated natural medicine cash fund created in section 44-50-601.
Source: L. 2026: Entire section added, (HB 26 -1325), ch. 372, p. 2250, § 2, effective August
12.
Cross references: For the legislative declaration in HB 26 -1325, see section 1 of chapter 372,
Session Laws of Colorado 2026.
PART 3
BEHA VIORAL HEALTH-CARE PROVIDER WORKFORCE
Cross references: For the legislative declaration in SB 22 -181, see section 1 of chapter 452,
Session Laws of Colorado 2022.
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27-60-301. Definitions.
As used in this part 3, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-60-203.
(2) "Behavioral health aide" or "aide" means an individual who:
(a) Addresses mental health conditions and substance use disorders to promote healthy
individuals, families, and communities;
(b) Dependent on the level of certification of the individual, may act as a community
educator and provide expanded services for more complex behavioral health needs; and
(c) Is familiar with state and local resources and can provide referrals and other additional
services.
(3) "Behavioral health provider" means a recovery community organization, as defined in
section 27-50-101, a recovery support services organization, as defined in section 27 -60-108, or
a licensed organization or professional that provides diagnostic, therapeutic, or psychological
services for behavioral health conditions. Behavioral health providers include a residential child
care facility, as defined in section 26 -6-903 (29), and a federally qualified health center, as
defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4).
(4) "Community college" means a community college described in section 23 -60-205 that is
governed by the state board for community colleges and occupational education.
(5) "Fund" means the behavioral and mental health cash fund created in section 24 -75-230
(2)(a).
(6) "Institution of higher education" means a local district college operating pursuant to
article 71 of title 23 or an institution of higher education.
(7) "Learning management system" means an online training curriculum developed for
health-care providers in rural and metro areas pursuant to section 27 -60-112 (2)(b) to increase
competencies in mental health and substance use disorders that will support a high -quality,
trained, culturally responsive, and diverse behavioral health-care provider workforce.
(8) "Peer support professional" has the same meaning as set forth in section 27 -60-108
(2)(b).
(9) "Plan" means the behavioral health -care provider workforce plan created by the BHA
pursuant to section 27-60-302.
(10) "Priority populations" means:
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(a) People experiencing homelessness;
(b) People involved with the criminal justice system;
(c) People of color;
(d) American Indians and Alaska natives;
(e) Veterans;
(f) People who are lesbian, gay, bisexual, transgender, or queer or questioning;
(g) Older adults;
(h) Children and families; and
(i) People with disabilities, including people who are deaf and hard of hearing, people who
are blind or deafblind, people with brain injuries, people with intellectual and developmental
disabilities, and people with other co-occurring disabilities.
(11) "Substance use disorder" means a chronic relapsing brain disease, characterized by
recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including
health problems, disability, and failure to meet major responsibilities at work, school, or home.
Source: L. 2022: Entire part added, (SB 22 -181), ch. 452, p. 3244, § 2, effective July 1. L.
2023: (3) amended, (HB 23 -1301), ch. 303, p. 1838, § 68, effective August 7. L. 2026: (3)
amended, (HB 26-1378), ch. 245, p. 1392, § 5, effective May 29.
27-60-302. Behavioral health-care provider workforce plan - expansion - current
workforce.
(1) On or before September 1, 2022, the behavioral health administration shall create and
begin to implement a behavioral health -care provider workforce plan to expand and strengthen
Colorado's behavioral health -care provider workforce to serve children, youth, and adults. In
creating the plan, the BHA shall consider the stakeholder recommendations that address the
behavioral health workforce shortage published by the department in December 2021.
(2) (a) The plan shall include:
(I) The development and implementation of recruitment methods to increase and diversify
the behavioral health -care provider workforce through identifying the cultural barriers to
entering the behavioral health-care field and incorporating the appropriate strategies to overcome
those barriers;
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(II) Strategies to aid publicly funded behavioral health providers in retaining well -trained,
clinical behavioral health-care providers at all levels; and
(III) Regulatory changes to reduce barriers.
(b) As part of the plan, the BHA shall use money appropriated to the BHA to partner with
organizations such as local, state, and national organizations representing priority populations.
(3) (a) The plan shall require the BHA to partner with the department of higher education to
better prepare the future behavioral health -care provider workforce for public sector service, to
develop paid job shadowing and internship opportunities, and to develop partnerships with
organizations that can offer such opportunities.
(b) The BHA and the department of higher education shall provide incentives to institutions
of higher education for the purpose of marketing and promoting behavioral health -care
educational programs to students and increasing the number of students who graduate with a
degree in a behavioral health-care field of study.
(4) (a) The plan must include strategies for the BHA to work with community colleges and
other institutions of higher education to recruit and develop the skills of residents of rural
communities and residents of state -designated health professional shortage areas, as defined in
section 25 -1.5-402 (11), with the goal of educating these residents in behavioral health -care
fields to provide services for children, youth, and adults so that the residents return and practice
in the rural areas and other shortage areas.
(b) The strategies implemented by the BHA in subsection (4)(a) of this section shall include
student loan repayment programs and scholarships to individuals who are committed to
providing behavioral health -care services in rural communities and state -designated health
professional shortage areas, as defined in section 25 -1.5-402 (11), for at least three years. The
BHA shall coordinate and work in conjunction with the Colorado health service corps to expand
and increase the loan repayments made pursuant to section 25-1.5-503.
(5) The BHA, in collaboration with the community college system, the department of higher
education, and the state work force development council created in section 24 -46.3-101, and
institutions of higher education shall create a new behavioral health -care educational program
that provides tiered advancement opportunities for behavioral health -care providers at all levels,
from advancement for individuals in entry -level positions to individuals who hold a bachelor's
degree.
(6) The BHA shall use the money appropriated by the general assembly to increase the
number of peer support professionals across the state to ensure that a person struggling with a
mental health disorder or a substance use disorder who is in need of assistance can connect with
a peer support specialist who has had similar experiences living with a mental health disorder or
a substance use disorder. The purpose of the peer support professional is to help people achieve
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their recovery goals through shared understanding, respect, and empowerment. Peer support
professionals provide nonclinical support services that align with recommendations from the
substance abuse and mental health services administration of the United States department of
health and human services, including engaging individuals in peer -to-peer relationships that
support healing, personal growth, life skills development, self -care, and crisis strategy
development, to help achieve recovery, wellness, and life goals.
(7) The BHA shall include in the plan the recommendations of the director of the division of
professions and occupations pursuant to section 12-20-103 (8).
(8) (a) The plan must include proposals to work with local law enforcement agencies, the
P.O.S.T. board created in section 24 -31-302, a peace officer organization, as defined in section
24-32-3501, a statewide organization representing professional firefighters, and a statewide
association representing emergency medical service providers to:
(I) Cross-train current and former first responders in behavioral health;
(II) Help increase cultural competencies in first responders and law enforcement; and
(III) Reduce the stigma of receiving mental health services.
(b) The proposals implemented by the BHA pursuant to subsection (8)(a) of this section must
include student loan repayment programs and scholarships for current and former first
responders who have at least five years of first responder experience and mental health
professionals who are committed to providing behavioral health services in local communities to
first responders for at least five years.
(c) The BHA may coordinate and work in conjunction with the Colorado health service
corps, as defined in section 25 -1.5-502, to expand and increase the student loan repayments
made pursuant to section 25-1.5-503.
(9) The plan shall include strategies to utilize Colorado -based behavioral health -care
providers to expand telehealth capacity and infrastructure in order to prioritize timely access to
behavioral health-care services and address service gaps.
(10) Through an interagency agreement, the BHA shall create a plan for collaboration
between the BHA, the department of regulatory agencies, the department of public health and
environment, the department of health care policy and financing, the department of education,
the department of early childhood, and the department of labor and employment to raise
awareness among health -care providers and behavioral health -care providers concerning the
availability of opportunities to invest in and strengthen their professional behavioral health -care
staff.
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Source: L. 2022: Entire part added, (SB 22 -181), ch. 452, p. 3245, § 2, effective July 1. L.
2024: (5) amended, (HB 24-1450), ch. 490, p. 3423, § 69, effective August 7.
27-60-303. Behavioral health administration - additional duties - collaboration with
state agencies - agricultural and rural community behavioral health program - training
curriculum for criminal justice treatment provider endorsement - strategies to strengthen
behavioral health-care provider workforce.
(1) The BHA shall:
(a) In collaboration with the department of regulatory agencies, establish workforce
standards that strengthen the behavioral health -care provider workforce, including telehealth
providers, and increase opportunities for peer support professionals and behavioral health aides.
If practicable, the standards must be aligned with national standards and address health equity;
rural, frontier, and urban needs; pediatric care; specialty care; and care for individuals with
complex needs.
(b) Provide and fund opportunities for training and certification with state, national, and
international credentialing entities;
(c) Work with other state agencies to reduce the administrative burden across agencies to
ensure behavioral health-care providers have additional time to focus on patient care;
(d) Collaborate with the department of public health and environment to:
(I) Further develop current assessments that exist in rules promulgated by the state board of
health pursuant to section 25 -1.5-404 (1)(a) that measure community -level shortages of
behavioral health-care providers who provide services for children, youth, and adults; and
(II) Expand the Colorado health service corps created in section 25 -1.5-503 to improve
access to behavioral health -care services in communities where workforce shortages exist by
providing loans to behavioral health providers to practice in these communities and to work with
priority populations; and
(e) Collaborate with the department of higher education, the state board for community
colleges and occupational education created in section 23 -60-104, the department of education,
the state work force development council created in section 24 -46.3-101, the department of labor
and employment, and the department of health care policy and financing, as applicable, to:
(I) Update career pathways to align with postsecondary degree programs, work -based
learning programs, and apprenticeship programs to ensure that behavioral health education and
training are responsive to the needs of the labor market in order to provide behavioral health-care
services across the care continuum for children, youth, and adults;
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(II) Prepare students and current workers in the behavioral health -care field with the skills
and credentials they need for jobs and careers, including through the use of the department of
labor and employment's work -based learning programs, to assist with identifying industry -
relevant skills, certifications, and credentials in the behavioral health-care field;
(III) Secure federal funding that supports training, education, and apprenticeships in
behavioral health-care-related occupations;
(IV) Enhance and expand the direct -care workforce to provide behavioral health -care
services for children, youth, and adults enrolled in programs administered by the department of
health care policy and financing;
(V) Address licensing and credentialing portability issues that affect the ability of children,
youth, and adults to access behavioral health-care services;
(VI) Explore the requirements that must be met for certified addiction specialist and certified
addiction technician classes to be taught remotely; and
(VII) Explore the feasibility of remote supervisory observation for each behavioral health -
care field.
(1.5) (a) The BHA shall create the agricultural and rural community behavioral health
program and identify a specific BHA staff person to serve as a liaison between the BHA, the
department of agriculture, behavioral health-care providers, rural community leaders, agricultural
communities, and nonprofit organizations that serve agricultural communities. The agricultural
and rural community behavioral health program shall:
(I) Engage in statewide community outreach to educate communities on the behavioral
health issues farmers, ranchers, other agricultural industry workers, their families, and rural
communities experience;
(II) Establish interdepartmental relationships; and
(III) Develop an understanding of and address the root causes of behavioral health issues in
the agricultural industry and in rural communities.
(b) The agricultural and rural community behavioral health program shall coordinate training
for behavioral health providers to serve farmers, ranchers, other agricultural industry workers,
and their families experiencing behavioral health issues.
(c) The agricultural and rural community behavioral health program staff liaison shall serve
on the agricultural behavioral health community of practice work group, created in section 35 -1-
121, and provide support to the work group as needed.
(d) The BHA and the department of agriculture shall enter into an interagency agreement to
share data collected in the course of understanding and addressing the behavioral health -care
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issues in the agricultural industry and in rural communities. The interagency agreement must
state that the data shared will be aggregated and anonymized, and data sharing must be in
compliance with state and federal data privacy laws.
(2) (a) The BHA shall use the learning management system to implement a comprehensive,
collaborative, and cross -system training certification and training curriculum of evidence -based
treatment and evidence -based criminal justice approaches for behavioral health -care providers
working in programs to obtain a criminal justice treatment provider endorsement. The curriculum
shall include:
(I) Training to ensure cross-system alignment around a proactive, coordinated, and prerelease
care plan for individuals who are incarcerated in jail, prison, and community corrections
facilities;
(II) Specialized training and skills-building in cultural competencies and otherwise culturally
responsive approaches to supervision and treatment of individuals who are or were in the
criminal justice system; and
(III) Specific strategies to address the rights and needs of crime victims and the behavioral
health-care provider's role in preventing harm or increasing risk to identified crime victims.
(b) For the purposes of subsection (2)(a) of this section, the BHA shall add relevant content
to the curriculum developed in the learning management system and shall ensure that the
learning management system is accessible and promoted to all criminal justice agencies in the
state.
(3) The BHA shall develop strategies to strengthen Colorado's current behavioral health -care
provider workforce. The strategies shall include:
(a) Using the learning management system to increase the capacity of providers to support a
culturally competent behavioral health -care provider workforce to provide services for children,
youth, and adults. This includes building from the standards and statewide core competencies
developed pursuant to the learning management system and offering ongoing professional
development opportunities to train behavioral health -care providers to treat complex needs
across the continuum of care. If practicable, the standards shall align with national standards and
shall address health equity; rural, frontier, and urban needs; pediatric care; specialty care; and
care for persons with complex needs. The BHA shall use the learning management system to
create course work to increase and improve competencies in behavioral health care.
(b) Developing methods supported by the BHA, the department of regulatory agencies, the
department of public health and environment, the department of health care policy and financing,
and the department of labor and employment for behavioral health providers to address burnout;
training; supervision, including the exploration of opportunities for behavioral health providers
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to be reimbursed for providing clinical supervision; and career pathways for professional
behavioral health-care providers.
Source: L. 2022: Entire part added, (SB 22 -181), ch. 452, p. 3248, § 2, effective July 1. L.
2024: (1.5) added, (SB 24 -055), ch. 469, p. 3270, § 1, effective August 7. L. 2025: (1.5)(d)
amended, (SB 25-300), ch. 428, p. 2453, § 46, effective August 6.
27-60-304. Reports.
(1) In 2023, 2024, 2025, 2026, and 2027 the state department of human services shall
include an overview of the BHA's progress toward addressing the behavioral health -care
provider workforce shortage during the hearings held prior to the regular session of the general
assembly under the "State Measurement for Accountable, Responsive, and Transparent
(SMART) Government Act", part 2 of article 7 of title 2.
(2) On or before January 1, 2023, and on or before each January 1 thereafter, the community
college system shall submit a report to the BHA. At a minimum, the report must include a
summary of the behavioral health career pathway and its implementation, including an
accounting of how money was used to expand or support training, education, and certifications in
the behavioral health career pathway to increase employment in the behavioral health sector.
(3) The state department, the BHA, and any person who receives money from the BHA shall
comply with the compliance, reporting, record -keeping, and program evaluation requirements
established by the office of state planning and budgeting and the state controller in accordance
with section 24-75-226 (5).
Source: L. 2022: Entire part added, (SB 22 -181), ch. 452, p. 3250, § 2, effective July 1. L.
2024: (1) and (2) amended, (HB 24-1465), ch. 257, p. 1685, § 11, effective May 24.
27-60-305. Repeal of part.
This part 3 is repealed, effective July 1, 2027.
Source: L. 2022: Entire part added, (SB 22 -181), ch. 452, p. 3251, § 2, effective July 1. L.
2024: Entire section amended, (HB 24-1465), ch. 257, p. 1686, § 12, effective May 24.
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PART 4
EARLY INTERVENTION, DEFLECTION, AND REDIRECTION FROM THE
CRIMINAL JUSTICE SYSTEM GRANT PROGRAM
Cross references: For the legislative declaration in SB 22 -196, see section 1 of chapter 193,
Session Laws of Colorado 2022.
27-60-401. Definitions.
As used in this part 4, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-60-203.
(2) "Community-based organization" means a nonprofit organization that is representative of
the community served, or significant segments of the community served, and engaged in meeting
that community's needs in the areas of social, human, or health services.
(3) "Eligible entity" means:
(a) A community-based organization;
(b) A nonprofit hospital that provides behavioral health treatment;
(c) A local government;
(d) A federally recognized Indian tribe;
(e) An office that provides or coordinates court -appointed counsel to represent indigent
clients charged with a criminal offense in municipal or state court;
(f) A federally qualified health center, as defined in the federal "Social Security Act", 42
U.S.C. sec. 1395x (aa)(4), that partners and submits a joint application with a community -based
organization, nonprofit hospital that provides behavioral health treatment, local government, or
federally recognized Indian tribe;
(g) A rural health clinic, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x
(aa)(2), that partners and submits a joint application with a community -based organization,
nonprofit hospital that provides behavioral health treatment, local government, or federally
recognized Indian tribe; and
(h) A local law enforcement agency, but only for the purpose of developing or expanding a
co-responder community response program, as defined in section 24-32-3501 (8).
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(4) "Grant program" means the early intervention, deflection, and redirection from the
criminal justice system grant program established in section 27-60-402.
(5) "Local government" means a county, municipality, or city and county.
(6) "Local law enforcement agency" means a county sheriff's office or a municipal police
department.
(7) "Review committee" means the early intervention, deflection, and redirection from the
criminal justice system grant review committee created in section 27-60-403.
Source: L. 2022: Entire part added, (SB 22-196), ch. 193, p. 1282, § 2, effective May 19.
27-60-402. Early intervention, deflection, and redirection from the criminal justice
system grant program - established - permissible uses.
(1) There is established in the behavioral health administration the early intervention,
deflection, and redirection from the criminal justice system grant program to provide grants to
eligible entities to fund programs and other strategies that:
(a) Provide behavioral health treatment or resources to prevent individuals from becoming
involved in the criminal justice system or further penetrating into the system;
(b) Facilitate a direct community response to effectively respond to a person in a behavioral
health crisis with the goal of preventing people with behavioral health needs from being arrested;
or
(c) After an arrest, redirect individuals with behavioral health needs, including individuals
engaged in competency evaluation or restoration provided in a community setting and not in a
jail-based setting, from the criminal justice system to appropriate community -based treatment
and support services.
(2) An early intervention, deflection, and redirection from the criminal justice system grant
may be used for any of the following:
(a) To support, create, or expand pre -arrest early intervention programs, including
community-based alternative response programs described in section 24-32-3501 (8);
(b) To support, create, or expand co-responder community response, as defined in section 24-
32-3501 (8);
(c) To fund enhanced staffing, facility improvements, or security measures for existing crisis
walk-in centers, crisis stabilization units, mobile crisis services, or crisis respite services, as
described in section 27 -60-103 (1)(b), and withdrawal management programs at facilities
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approved pursuant to article 81 of this title 27. A crisis walk -in center must use a grant award to
enable the crisis walk -in center to accept all behavioral health related first responder drop -offs
and provide crisis receiving and stabilization services. Grants awarded for crisis stabilization
units, mobile crisis services, crisis respite services, and withdrawal management programs must
be used to provide crisis receiving and stabilization services.
(d) Collaboration between community -based organizations and court-appointed counsel who
represent indigent clients to facilitate behavioral health screening and assessment and to help
clients access behavioral health and other supportive services, particularly during early stages in
a criminal proceeding;
(e) Comprehensive service delivery, including models where multiple partners co -locate or
create new resource centers, to ensure swift connection to and receipt of social support services
including, but not limited to, counseling, job placement services, housing navigation assistance
and support, benefits enrollment, family counseling, substance use treatment, case management
services, peer support, and other supportive services. To receive a grant for comprehensive
service delivery, the applicant must demonstrate collaboration with local partners that will
provide social support services as part of the comprehensive service delivery.
(f) Comprehensive pre -release planning for individuals in a jail or prison with behavioral
health needs, to prevent reincarceration;
(g) To support, create, or expand programs to help people who have a pending municipal
criminal case attend their court dates and avoid jail for non -appearance, such as through court
reminders, ride assistance, or other supportive interventions. A program that operates with grant
money must serve a substantial number of people with behavioral health needs.
(h) To establish and operate, or fund an existing, mobile medication-assisted treatment unit;
(i) Other innovations or programs aimed at deflecting, redirecting, or otherwise preventing
people with behavioral health needs from further penetrating into the criminal justice system;
(j) Technical assistance and capacity -building, as identified by the applicant as a component
of the program, to support delivery of evidence -based or evidence -informed services along the
behavioral health continuum of care; and
(k) Capital expenditures related to providing the treatment and services described in this
subsection (2).
(3) The BHA shall provide grant recipients with information about the 988 crisis hotline,
defined in section 27 -64-102, to ensure that the grant recipients are aware of the services
available by using the 988 crisis hotline.
(4) (a) The behavioral health administration shall administer the grant program in
collaboration with the department of public safety. The BHA shall create a grant application
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process and shall make the process publicly available on its website prior to accepting
applications. The BHA shall begin accepting grant applications no later than December 31, 2022.
(b) The BHA and department of public safety shall engage in statewide community outreach
to make eligible entities aware of the grant program, application process, and deadlines.
(c) No later than sixty days before the grant application deadline, the BHA and department of
public safety shall jointly hold a public meeting to present information about the grant program
and to give eligible entities the opportunity to ask questions regarding the grant program. The
BHA may allow electronic attendance and participation at the meeting.
(d) The BHA shall provide grant application and program development support upon request
to an eligible entity that has an annual budget of less than one million dollars. Available support
may include assistance with grant -writing, program design, identifying sustainable funding
opportunities, program implementation, and data-gathering and evaluation.
Source: L. 2022: Entire part added, (SB 22-196), ch. 193, p. 1283, § 2, effective May 19.
27-60-403. Grant program application - criteria - award - rules.
(1) In order to receive a grant, an eligible entity must offer a monetary contribution or in -
kind contributions, as described in subsection (4) of this section, that directly support the services
provided with a grant award and must submit an application to the BHA. Two or more eligible
entities may collaborate on a program and submit a joint application. At a minimum, an
application must include:
(a) The requested amount of the grant award and a description of the program that will be
operated with the grant award, including a description of how the proposed program meets the
purposes of the grant program described in section 27-60-402 (1);
(b) The source of the contributing funds or in -kind contributing resources provided by the
applicant, as described in subsection (4) of this section;
(c) Whether the program plans to use the 988 crisis hotline defined in section 27 -64-102 as a
part of the program;
(d) Information about the applicant's ability and intent to sustain the services provided with a
grant award beyond the duration of the grant, if applicable;
(e) A description of any agreements or partnerships necessary to carry out the grant activities
and how grant money will be allocated among partners, if needed to perform activities in the
application;
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(f) Data documenting the need for the project, including the projected demographic
information of clients to be served, including age, race, ethnicity, gender, and any other relevant
demographic information;
(g) Projected outcomes, specific performance measures, and data collection methods
necessary for the grantee and the BHA to assess the impact of the proposed program;
(h) A description of the applicant's experience in providing culturally competent and gender
responsive services, and whether the applicant is representative of the individuals the applicant
seeks to serve with a grant;
(i) A description of how the program would add value to existing local efforts in the program
area, if any, that align with the purposes of this grant program described in section 27-60-402 (1);
(j) A commitment that all services will be provided on a voluntary basis and that the
applicant will not require warrant checks or fingerprinting to receive services;
(k) If the applicant is a local government or federally recognized Indian tribe applying for a
grant for a capital expenditure, the applicant must demonstrate collaboration with community -
based organizations or nonprofit hospitals that are providing treatment and services described in
subsection (3) of this section in association with the capital expenditure;
(l) If the applicant is a law enforcement agency, the applicant must demonstrate compliance
with the reporting requirements described in section 24-31-903 (2); and
(m) Any other information required by the BHA.
(2) (a) There is created in the BHA an early intervention, deflection, and redirection from the
criminal justice system grant review committee to review grant applications and make
recommendations to the BHA and department of public safety. The commissioner of the BHA
shall ensure that the composition of the review committee is racially, ethnically, and
geographically diverse and representative of communities most impacted by the criminal justice
system. The review committee consists of the following members:
(I) The commissioner of the BHA or the commissioner's designee;
(II) The director of the division of criminal justice or the director's designee;
(III) The following individuals appointed by the commissioner of the BHA, in consultation
with the director of the division of criminal justice within the department of public safety:
(A) Two clinicians with experience providing behavioral health treatment services to
individuals who have been involved in the criminal justice system, one of whom must specialize
in substance abuse disorder treatment, who also have experience providing culturally responsive
treatment in communities of color and other underserved populations;
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(B) Two representatives of organizations with experience awarding grants in behavioral
health fields;
(C) A researcher from an institution of higher education with a background in effective
interventions that prevent or redirect people with a behavioral health disorder from being
involved with the criminal justice system;
(D) A person who was impacted by the criminal justice system, either personally or through
a family member, and the person or the family member had behavioral health needs while
involved in the criminal justice system;
(E) A victim's advocate with experience in providing culturally responsive services in
communities of color, or a representative from a community -based victim services organization
that specializes in serving victims of color;
(F) A representative of a federally recognized Indian tribe with jurisdiction in Colorado;
(G) A member of law enforcement that has participated in co -responder community
response, as defined in section 24-32-3501 (8);
(H) A public defender or private criminal defense attorney with experience representing
people with a behavioral health disorder; and
(I) A prosecutor with experience operating a diversion program specifically for individuals
with a behavioral health disorder.
(b) Members of the review committee serve without compensation and without
reimbursement for expenses. Members of the review committee shall disclose any conflicts of
interest, including whether the member represents an organization that may seek a grant from the
grant program.
(c) The review committee shall review applications for grants submitted pursuant to this
section and make recommendations to the BHA and department of public safety about which
applicants should receive grants and the amount of each grant.
(3) After receiving and reviewing recommendations from the review committee and after
consultation with the department of public safety, the BHA shall award grants. In addition to
considering the recommendations of the review committee and after considering the information
included in the grant application, when awarding grants, the BHA shall ensure that:
(a) The proposed program fills an existing gap in behavioral health response, as identified in
the application, in the program service area and would meet the needs of the identified target
population served by the program; and
(b) Any direct services provided through the program will use evidence -based or evidence -
informed interventions that align with trauma-informed and harm reduction principles.
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(4) The BHA shall only award grants to applicants that offer a monetary contribution or in -
kind contributions that directly support the services provided with a grant award. In determining
the amount of contributing resources required for an applicant, the BHA shall consider the size of
the applicant organization, including available staff and annual operating budget. The BHA may
waive the contributing resources requirement for an applicant that is requesting a grant award of
less than fifty thousand dollars.
(5) (a) A grant recipient must spend or obligate any grant money in accordance with section
24-75-226 (4)(d).
(b) A grant recipient may use no more than ten percent of a grant award for administrative
costs associated with receipt of the grant award.
Source: L. 2022: Entire part added, (SB 22 -196), ch. 193, p. 1285, § 2, effective May 19;
(5)(a) amended, (HB 22 -1411), ch. 271, p. 1961, § 20, effective May 27. L. 2023: IP(2)(a),
(2)(b), and (2)(c) amended, (HB 23-1301), ch. 303, p. 1838 § 69, effective August 7.
27-60-404. Grant program reporting requirements.
(1) Each grant recipient shall submit a report to the BHA following the expiration of the
grant term. The report must include:
(a) Information about the use of the grant award, including the program operated with the
grant award and the number of individuals the program diverted or redirected from the criminal
justice system;
(b) The number of individuals served through the program who may have come into contact
with the criminal justice system;
(c) The number of individuals referred by the program to treatment; and
(d) Whether the recipient is continuing the program and any other information requested by
the state department.
(2) (a) On or before January 31 of each year, the house of representatives judiciary
committee, the house of representatives health and human services committee, the senate health
and human services committee, and the senate judiciary committee, or their successor
committees, shall hold a joint hearing on the grant program. At the hearing, the state department
shall report to the committees about the grant program, which must include an overview of the
grant program, information on the type of services funded with a grant award, and where
services were provided.
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(b) Notwithstanding section 24 -1-136 (11)(a)(I), the reporting requirement in this subsection
(2) continues indefinitely.
Source: L. 2022: Entire part added, (SB 22 -196), ch. 193, p. 1288, § 2, effective May 19. L.
2026: (2)(a) amended, (SB 26-169), ch. 311, p. 1812, § 55, effective August 12.
27-60-405. Grant program funding - requirements - reports - appropriation.
(1) The general assembly shall appropriate to the state department money from the
behavioral and mental health cash fund created in section 24 -75-230 to implement the grant
program.
(2) (a) The state department, BHA, and any person who receives money from the BHA,
including each grant recipient, shall comply with the compliance, reporting, record -keeping, and
program evaluation requirements established by the office of state planning and budgeting and
the state controller in accordance with section 24-75-226 (5).
(b) For each grant awarded for a capital expenditure, the BHA is responsible for preparing
the written justification required pursuant to 31 CFR 35.6 (b)(4). A grant applicant that requests
grant money that originates from the money the state received from the coronavirus state fiscal
recovery fund for a capital expenditure must submit to the BHA information requested by the
BHA for inclusion in the written justification; except that this requirement does not apply if the
BHA determines that the written justification is not required based on how the expenditures
authorized pursuant to this part 4 will be reported to the United States department of the treasury.
For grant money that did not originate from the money the state received from the coronavirus
state fiscal recovery fund, a written justification is not required, except as the BHA determines
necessary to comply with federal written justification requirements.
Source: L. 2022: Entire part added, (SB 22 -196), ch. 193, p. 1289, § 2, effective May 19. L.
2024: (2)(b) amended, (HB 24 -1466), ch. 429, p. 2945, § 39, effective June 5. L. 2025: (1)
amended, (SB 25-312), ch. 301, p. 1538, § 17, effective May 30.
Cross references: For the legislative declaration in HB 24 -1466, see section 1 of chapter 429,
Session Laws of Colorado 2024.
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27-60-406. Repeal of part.
This part 4 is repealed, effective January 31, 2027.
Source: L. 2022: Entire part added, (SB 22-196), ch. 193, p. 1289, § 2, effective May 19.
PART 5
COMMUNITY BEHA VIORAL HEALTH-CARE CONTINUUM GAP GRANT
PROGRAM
Cross references: For the legislative declaration in HB 22 -1281, see section 1 of chapter 182,
Session Laws of Colorado 2022.
27-60-501. Definitions.
As used in this part 5, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-60-203.
(2) "Behavioral health administrative services region" means a behavioral health
administrative services region designated by the BHA commissioner after consultation with the
department of health care policy and financing and consideration of the regional structure that
serves the medicaid population.
(3) "Behavioral health-care services assessment tool" means the assessment tool described in
section 27-60-502 (1)(c) developed by the BHA to identify regional gaps in behavioral health -
care services.
(4) "Care access point" means a location at which a person seeking behavioral health care
can receive care coordination.
(5) "Community -based organization" means a nonprofit or for -profit organization that
provides behavioral health-care services.
(6) "Grant program" means the community behavioral health -care continuum gap grant
program established in section 27-60-502.
(7) "Local education provider" means a school district, a charter school authorized pursuant
to part 1 of article 30.5 of title 22, an institute charter school authorized pursuant to part 5 of
article 30.5 of title 22, or a board of cooperative services as defined in section 22-5-103.
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(8) "Local government" means a county, municipality, city and county, or local education
provider.
(9) "Medication -assisted treatment" or "MAT" has the same meaning as set forth in section
23-21-803.
(10) "Nonprofit organization" means an organization that is exempt from taxation under
section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended.
Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1212, § 2, effective May 18.
27-60-502. Behavioral health-care continuum gap grant program - established - rules.
(1) (a) There is established in the behavioral health administration the behavioral health -care
continuum gap grant program to provide grants to local governments, community -based
organizations, and nonprofit organizations for programs and services along the behavioral health-
care continuum in areas of highest need, including children -oriented, youth-oriented, and family-
oriented behavioral health-care services.
(b) (I) The behavioral health administration shall administer the grant program. The BHA
shall create a grant application process and make the process publicly available on its website
prior to accepting applications. The BHA shall begin accepting grant applications no later than
December 31, 2022.
(II) The BHA shall provide grant application support to an applicant, upon request, from a
grant application writing professional who is independent from the grant program.
(III) In connection with the review of grant applications and awards, the BHA shall solicit
input from a diverse stakeholder group that reflects the geographic and demographic diversity of
the entire state, including members from rural and urban areas, and members of diverse racial,
disability, and cultural groups and of diverse sexual orientations and genders.
(c) The BHA shall develop a behavioral health -care services assessment tool to identify
regional gaps in behavioral health and substance use disorder services, underserved populations,
and unmet behavioral health needs on the behavioral health -care service continuum. The BHA
shall make the assessment tool publicly available on its website prior to accepting applications
for a grant pursuant to this part 5. The BHA shall make technical assistance available to eligible
entities that need assistance using the assessment tool.
(d) In administering the grant program, the BHA may award the following types of grants:
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(I) Community investment grants, as described in subsection (2) of this section, to address
identified local behavioral health -care needs along the continuum of behavioral health care,
including services for adults or families with acute, complex, or severe conditions and needs; and
(II) Children, youth, and family services grants, as described in subsection (3) of this section,
to expand children-oriented, youth-oriented, and family -oriented behavioral health-care services
to address identified local behavioral health-care needs along the continuum of behavioral health
care, including services for children, youth, and families with acute, complex, or severe
conditions and needs.
(2) Community investment grants.
(a) As part of the grant program, the BHA shall award grants to invest in and address
identified behavioral health-care needs in the grant applicant's community.
(b) A community-based organization, local government, federally recognized Indian tribe, or
nonprofit organization is eligible for a community investment grant.
(c) (I) A community investment grant award must be used:
(A) For evidence -based or evidence -informed services along the behavioral health -care
continuum, including prevention, treatment, crisis services, recovery, harm reduction, care
navigation and coordination, trauma recovery, trauma -informed training, training on providing
services in a culturally responsive manner, transitional housing, supportive housing, and
recovery homes;
(B) For capital expenditures related to providing evidence -based or evidence -informed
services, which may include the creation or redesign of mental health inpatient beds, emergency
room beds for mental health crisis patients, outpatient mental health beds, and step -down
facilities connected with a hospital;
(C) To expand capacity for existing treatment, programs, or services within the grant
recipient's jurisdiction or service area; and
(D) For a new capital construction project that has progressed through the design review
process, has obtained approval for applicable development and building permits, provides access
to multiple critical services in one central location within the community served, is easily
accessible by first responders and community members, and demonstrates strong community
support.
(II) A grant recipient that is a primary care provider, withdrawal management provider,
outpatient substance use treatment provider, or hospital may use a grant award to create a
program commonly known as "treatment on demand" to prepare providers to offer same -day
access to initiate medication -assisted treatment, substance use counseling, peer support, and
navigation services. As part of a treatment-on-demand program, a grant award may be used for:
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(A) Technical assistance to redesign access and improve efficiencies that would make
treatment accessible on a same -day basis, including education of providers on determination of
levels of care as described by the American Society of Addiction Medicine;
(B) Developing protocols and credentialing providers to initiate psychopharmacological
treatments; or
(C) Recruiting and training peer support professionals to act as navigators and advocates for
individuals and developing partnerships across levels of care to facilitate transfers of care from
hospital and withdrawal management programs to ongoing treatment.
(3) Children, youth, and family services grants.
(a) As part of the grant program, the BHA shall award children, youth, and family services
grants to expand children -oriented, youth -oriented, and family -oriented behavioral health -care
services with the goal of establishing a care access point in each behavioral health administrative
services region.
(b) A community -based organization; local government; federally recognized Indian tribe;
local collaborative management programs, as described in section 24 -1.9-102; local juvenile
services planning committee created pursuant to section 19 -2.5-302; or nonprofit organization is
eligible for a children, youth, and family services grant.
(c) A children, youth, and family services grant award may be used for:
(I) Establishing and operating a children -oriented, youth-oriented, and family -oriented care
access point that is physically connected to a family resource center, as defined in section 26 -18-
102, or a facility that provides behavioral health-care treatment;
(II) Children-oriented, youth-oriented, and family-oriented behavioral health-care navigation
and coordination services;
(III) Expanding evidence -based or evidence -informed behavioral health -care treatment,
including substance use disorder treatment, for children, youth, and families;
(IV) Intensive outpatient services, including high-fidelity wraparound youth mobile response
and expanded caregiver interventions; and
(V) Capital expenditures related to providing the treatment and services described in this
subsection (3)(c).
Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1213, § 2, effective May 18. L.
2024: (2)(c)(I) amended, (HB 24-1176), ch. 251, p. 1660, § 1, effective May 24.
Colorado Revised Statutes 2026
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27-60-503. Grant program application - criteria - contributing resources - award -
rules.
(1) In order to receive a grant, an entity must use the behavioral health -care services
assessment tool or a county, regional, or community assessment tool to identify gaps in
behavioral health-care services in the behavioral health administrative services region served by
the grant award and submit an application to the BHA. At a minimum, the application must
include:
(a) Whether the grant is a community investment grant, as described in section 27 -60-502
(2), or a children, youth, and family services grant, as described in section 27-60-502 (3);
(b) The requested amount of the grant award and a description of the service that will be
provided with the grant award;
(c) A demonstration of the need for the service that will be provided, including whether the
service addresses a gap in services identified by the applicant;
(d) A demonstration that the applicant has collaborated or communicated with relevant
community-based organizations and with a local government in which services will be offered;
(e) The source of contributing funds or in -kind contributing resources, as described in
subsection (3) of this section, or whether the applicant is requesting a waiver from the
contributing funds or in-kind contributing resources requirement;
(f) Whether the intended use of the grant award aligns with a regional opioid settlement plan,
if applicable, or a local public health needs assessment for the area in which the services will be
provided;
(g) A plan to sustain the services provided with a grant award beyond the duration of the
grant, if applicable;
(h) A description of the applicant's experience in providing culturally competent and gender
responsive services, and whether the applicant is representative of the individuals the applicant
seeks to serve with the grant; and
(i) Any other information required by the state department.
(2) The BHA shall accept and review grant applications and award grants. In awarding
grants, the BHA shall consider the criteria described in subsection (1) of this section and shall
give preference to applicants providing a service that addresses a gap in behavioral health or
substance use disorder services identified by the applicant with the behavioral health -care
services assessment tool.
(3) (a) The BHA shall only award grants to applicants that offer a monetary contribution or
in-kind contributions that directly support the services provided with a grant award. In
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determining the amount of contributing resources required for an applicant, the BHA shall
consider the size of the applicant organization, including available staff and annual operating
budget. The BHA may waive the contributing resources requirement for an applicant that is
requesting a grant award of less than fifty thousand dollars.
(b) In determining whether an applicant has identified a gap in services on the behavioral
health-care service continuum, the BHA shall accept the results of an assessment conducted by
the applicant with the behavioral health-care services assessment tool developed by the BHA or a
county, regional, or community assessment tool that demonstrates gaps in services.
(c) A program funded by a grant award must comply with the federal "Americans with
Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and serve individuals with a
disability, as defined in the federal act, regardless of primary diagnosis, co -occurring conditions,
or if the individual requires assistance with activities of daily living, as defined in section 12 -
270-104.
(4) (a) A grant recipient must spend or obligate any grant money in accordance with section
24-75-226 (4)(d).
(b) A grant recipient may use no more than ten percent of a grant award for administrative
costs associated with receipt of the grant award.
Source: L. 2022: Entire part added, (HB 22 -1281), ch. 182, p. 1215, § 2, effective May 18;
(4)(a) amended, (HB 22-1411), ch. 271, p. 1960, § 19, effective May 27.
27-60-504. Grant program reporting requirements.
(1) Each grant recipient shall submit a report to the BHA following the expiration of the
grant term. The report must include:
(a) Information about the use of the grant award, including the services provided with a grant
award and where those services were provided;
(b) The amount of contributing funds or in -kind contributing resources that supported the
services;
(c) Aggregated demographic information of the individuals who receive services funded with
a grant award;
(d) Whether the recipient is continuing to provide the services, and any other information
requested by the state department.
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(2) (a) In its annual report to the committees of reference pursuant to the "State Measurement
for Accountable, Responsive, and Transparent (SMART) Government Act" required by section
2-7-203, the state department shall provide information about the grant program, including
information on the type of services funded with a grant award and where those services were
provided.
(b) Notwithstanding section 24 -1-136 (11)(a)(I), the reporting requirement in this subsection
(2) continues indefinitely.
Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1217, § 2, effective May 18.
27-60-505. Grant program funding - requirements - reports.
(1) The general assembly shall appropriate to the state department seventy -five million
dollars from the behavioral and mental health cash fund created in section 24 -75-230 to
implement the grant program.
(2) Of the money appropriated to the state department, regardless of the source, the BHA
shall award grants in the following manner:
(a) At least thirty -four million dollars for community investment grants, as described in
section 27-60-502 (2); and
(b) At least thirty -nine million dollars for children, youth, and family services grants, as
described in section 27-60-502 (3).
(3) (a) The state department, BHA, and any person who receives money from the BHA,
including each grant recipient, shall comply with the compliance, reporting, record -keeping, and
program evaluation requirements established by the office of state planning and budgeting and
the state controller in accordance with section 24-75-226 (5).
(b) To be eligible to receive grant money for a capital expenditure, the grant applicant that
requests grant money that originates from the money the state received from the coronavirus
state fiscal recovery fund must submit to the BHA a written justification as set forth in 31 CFR
35.6 (b)(4) for the capital expenditure; except that this requirement does not apply if the BHA
determines that the written justification is not required based on how the expenditures authorized
pursuant to this part 5 will be reported to the United States department of the treasury. For grant
money that did not originate from the money the state received from the coronavirus state fiscal
recovery fund, a written justification is not required, except as the BHA determines necessary to
comply with federal written justification requirements.
Colorado Revised Statutes 2026
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Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1217, § 2, effective May 18. L.
2024: IP(2) and (3)(b) amended, (HB 24-1466), ch. 429, p. 2945, § 40, effective June 5. L. 2025:
(2) amended, (SB 25-312), ch. 301, p. 1538, § 18, effective May 30.
Cross references: For the legislative declaration in HB 24 -1466, see section 1 of chapter 429,
Session Laws of Colorado 2024.
27-60-506. Repeal of part.
This part 5 is repealed, effective January 31, 2027.
Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1218, § 2, effective May 18.
ARTICLE 61
Behavioral Health Transformation Council
27-61-101 and 27-61-102. (Repealed)
Source: L. 2018: Entire article repealed, (SB 18 -161), ch. 123, p. 830, § 1, effective
September 1.
Editor's note: This article was added in 2010. For amendments to this article prior to its
repeal in 2018, consult the 2017 Colorado Revised Statutes and the Colorado statutory research
explanatory note beginning on page vii in the front of this volume.
ARTICLE 62
High-fidelity Wraparound Services for Children and Youth
27-62-101. Definitions.
27-62-102. High-fidelity wraparound
services for children and
youth - interagency
coordination - reporting.
27-62-103. Standardized assessment tool
- standardized screening
Colorado Revised Statutes 2026
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tools - interagency
coordination - single
referral and entry point.
27-62-101. Definitions.
As used in this article 62, unless the context otherwise requires:
(1) "At risk of out -of-home placement" means a child or youth who is eligible for medical
assistance pursuant to articles 4, 5, and 6 of title 25.5 and the child or youth:
(a) Has been diagnosed as having a mental health disorder, as defined in section 27 -65-102,
or a behavioral health disorder; and
(b) May require a level of care that is provided in a residential child care facility, inpatient
psychiatric hospital, or other intensive care setting outside of the child's or youth's home. "At risk
of out-of-home placement" includes a child or youth who:
(I) Is entering the division of youth services; or
(II) Is at risk of child welfare involvement.
(1.5) "Behavioral health administration" or "BHA" means the behavioral health
administration established in section 27-50-102.
(2) "Behavioral health disorder" means a substance use disorder, mental health disorder, or
one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly
impair judgment or capacity to recognize reality or to control behavior, including serious
emotional disturbances. "Behavioral health disorder" also includes those mental health disorders
listed in the most recent versions of the diagnostic statistical manual of mental health disorders,
the diagnostic classification of mental health and developmental disorders of infancy and early
childhood, and the international statistical classification of diseases and related health problems.
(3) "Child and youth" means a person who is twenty-six years of age or younger.
(3.5) "Commissioner" means the commissioner of the behavioral health administration.
(4) "Managed care entity" means an entity that enters into a contract to provide services in
the statewide managed care system pursuant to articles 4, 5, and 6 of title 25.5.
(5) "Mental health professional" means an individual licensed as a mental health professional
pursuant to article 245 of title 12 or a professional person, as defined in section 27-65-102 (27).
(6) "Out -of-home placement" means a child or youth who is eligible for medical assistance
pursuant to articles 4, 5, and 6 of title 25.5 and the child or youth:
(a) Has been diagnosed as having a mental health disorder, as defined in section 27 -65-102,
or a behavioral health disorder; and
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(b) May require a level of care that is provided in a residential child care facility, inpatient
psychiatric hospital, or other intensive care setting outside of the child's or youth's home. "Out -
of-home placement" includes a child or youth who:
(I) Has entered the division of youth services; or
(II) Is at risk of child welfare involvement.
(7) "Standardized assessment tool" means a multipurpose instrument that facilitates the link
between assessment and level of care and individualized service planning, facilitates quality
improvement activities, and allows for monitoring of outcomes of services.
(8) Repealed.
(9) "Wraparound" means a high -fidelity, individualized, family -centered, strengths -based,
and intensive care planning and management process used in the delivery of behavioral health
services for a child or youth with a behavioral health disorder, commonly utilized as part of the
system of care framework.
Source: L. 2019: Entire article added, (SB 19 -195), ch. 190, p. 2101, § 4, effective August 2.
L. 2022: (1.5) and (3.5) added and (8) repealed, (HB 22 -1278), ch. 222, p. 1534, § 104, effective
July 1; (1)(a), (5), and (6)(a) amended, (HB 22 -1256), ch. 451, p. 3235, § 42, effective August
10.
27-62-102. High-fidelity wraparound services for children and youth - interagency
coordination - reporting.
(1) Pursuant to section 25.5 -5-803 (4), the BHA shall work collaboratively with the
department of health care policy and financing, counties, and other relevant departments, as
appropriate, to develop and oversee wraparound services for children and youth at risk of out -of-
home placement or in an out-of-home placement. As part of routine collaboration, the BHA shall
assist the department of health care policy and financing in developing a model of sustainable
funding for wraparound services. The BHA and the department of health care policy and
financing shall monitor and report the annual cost savings associated with eligible children and
youth receiving wraparound services to the public through the annual hearing, pursuant to the
"State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act",
part 2 of article 7 of title 2.
(2) Subject to available appropriations, two full -time staff persons shall be appointed by the
commissioner to support and facilitate interagency coordination pursuant to this article 62, part 8
of article 5 of title 25.5, and any other related interagency behavioral health efforts as determined
by the commissioner.
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Source: L. 2019: Entire article added, (SB 19 -195), ch. 190, p. 2103, § 4, effective August 2.
L. 2020: (2) amended, (HB 20 -1384), ch. 172, p. 790, § 4, effective June 29. L. 2022: Entire
section amended, (HB 22-1278), ch. 222, p. 1534, § 105, effective July 1.
27-62-103. Standardized assessment tool - standardized screening tools - interagency
coordination - single referral and entry point.
(1) Standardized assessment tool. Subject to available appropriations, the BHA shall select
a single standardized assessment tool to facilitate identification of behavioral health issues and
other related needs in children and youth and to develop a plan to implement the tool for
programmatic utilization. The BHA shall consult with the department of health care policy and
financing, managed care entities, counties, stakeholders, and other relevant departments, as
appropriate, prior to selecting the tool.
(2) Standardized screening tools. Subject to available appropriations, the BHA shall select
developmentally appropriate and culturally competent statewide behavioral health standardized
screening tools for primary care providers serving children, youth, and caregivers in the perinatal
period, including postpartum women. The BHA and the department of human services may make
the tools available electronically for health -care professionals and the public. Prior to the
adoption of the standardized assessment tool described in subsection (1) of this section, and the
standardized screening tools described in this subsection (2), the BHA shall lead a public
consultation process involving relevant stakeholders, including health -care professionals and
managed care entities, with input from the department of health care policy and financing, the
department of public health and environment, and the division of insurance.
(3) Single statewide referral and entry point. Subject to available appropriations, the
BHA, in conjunction with the department of health care policy and financing, the department of
public health and environment, and other relevant departments and counties, as necessary, shall
develop a plan for establishing a single statewide referral and entry point for children and youth
who have a positive behavioral health screening or whose needs are identified through a
standardized assessment. In developing the single statewide referral and entry point plan, the
BHA shall seek input from relevant stakeholders, including counties, managed care entities
participating in the statewide managed care system, families of children and youth with
behavioral health disorders, communities that have previously implemented wraparound
services, mental health professionals, and other relevant departments.
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Source: L. 2019: Entire article added, (SB 19 -195), ch. 190, p. 2103, § 4, effective August 2.
L. 2020: Entire section amended, (HB 20-1384), ch. 172, p. 791, § 5, effective June 29. L. 2022:
Entire section amended, (HB 22-1278), ch. 222, p. 1534, § 106, effective July 1.
ARTICLE 63
Community Behavioral Health Safety Net System
27-63-101. Definitions.
27-63-102. High-intensity behavioral
health treatment programs
- identification -
departments' duties.
(Repealed)
27-63-103. Implementation plan -
departments' duties -
report. (Repealed)
27-63-104. Community behavioral health
safety net system
advisory body - creation -
membership - repeal.
(Repealed)
27-63-105. Safety net system
implementation - safety
net system criteria.
27-63-106. Safety net system -
effectiveness - report.
27-63-101. Definitions.
As used in the article 63, unless the context otherwise requires:
(1) "Behavioral health" refers to an individual's mental and emotional well -being
development and actions that affect an individual's overall wellness. Behavioral health problems
and disorders include substance use disorders, serious psychological distress, suicidal ideation,
and other mental health disorders. Problems ranging from unhealthy stress or subclinical
conditions to diagnosable and treatable diseases are included in the term "behavioral health". An
intellectual or developmental disability is insufficient to either justify or exclude a finding of a
behavioral health disorder.
(2) Repealed.
(3) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
Source: L. 2019: Entire article added, (SB 19-222), ch. 226, p. 2266, § 6, effective May 20. L.
2022: (2) repealed and (3) added, (HB 22-1278), ch. 222, p. 1535, § 107, effective July 1.
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27-63-102. High-intensity behavioral health treatment programs - identification -
departments' duties. (Repealed)
Source: L. 2019: Entire article added, (SB 19-222), ch. 226, p. 2267, § 6, effective May 20. L.
2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1535, § 108, effective July 1.
27-63-103. Implementation plan - departments' duties - report. (Repealed)
Source: L. 2019: Entire article added, (SB 19-222), ch. 226, p. 2267, § 6, effective May 20. L.
2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1535, § 108, effective July 1.
27-63-104. Community behavioral health safety net system advisory body - creation -
membership - repeal. (Repealed)
Source: L. 2019: Entire article added, (SB 19-222), ch. 226, p. 2268, § 6, effective May 20. L.
2020: (2)(b) amended, (SB 20-136), ch. 70, p. 300, § 57, effective September 14. L. 2022: Entire
section repealed, (HB 22-1278), ch. 222, p. 1535, § 108, effective July 1.
27-63-105. Safety net system implementation - safety net system criteria.
(1) No later than January 1, 2024, the department shall implement the comprehensive
proposal and the funding model developed pursuant to section 27 -63-104 (2), which shall meet
the following criteria:
(a) The safety net system must not refuse to treat an individual, including youth, based on the
following:
(I) The individual's insurance coverage, lack of insurance coverage, or ability or inability to
pay for behavioral health services;
(II) The individual's clinical acuity level related to the individual's behavioral health disorder,
including whether the individual has been certified pursuant to article 65 of this title 27;
(III) The individual's readiness to transition out of the Colorado mental health institute at
Pueblo, the Colorado mental health institute at Fort Logan, or any other mental health institute
because the individual no longer requires inpatient care and treatment;
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(IV) The individual's involvement in the criminal or juvenile justice system;
(V) The individual's current involvement in the child welfare system;
(VI) The individual's co -occurring mental health and substance use disorders, physical
disability, or intellectual or developmental disability; or
(VII) The individual's displays of aggressive behavior, or history of aggressive behavior, as a
result of a symptom of a diagnosed mental health disorder or substance intoxication;
(b) The safety net system must:
(I) Proactively engage hard -to-serve individuals with adequate case management and care
coordination throughout the care continuum;
(II) Promote competency in de-escalation techniques;
(III) Utilize adequate networks for timely access to treatment, including high -intensity
behavioral health treatment and community treatment for children, youth, adults, and other
individuals;
(IV) Require collaboration with all local law enforcement jurisdictions and counties in the
service area, including county departments of human or social services;
(V) Triage individuals who need alternative services outside the scope of the safety net
system;
(VI) Promote patient-centered care and cultural awareness;
(VII) Update information as requested by the department about available treatment options
and outcomes in each region of the state;
(VIII) Utilize evidence -based or evidence -informed programming to promote quality
services; and
(IX) Meet any other criteria established by the department.
(2) The safety net system must have a network of behavioral health -care providers that
collectively offer a full continuum of services to ensure individuals with severe behavioral health
disorders are triaged in a timely manner to the appropriate care setting if an individual behavioral
health-care provider is unable to provide ongoing care and treatment for the individual. The
departent shall consider behavioral health safety net providers, behavioral health administrative
services organizations, contractors for the statewide behavioral health crisis response system, and
other behavioral health community providers as key elements in the behavioral health safety net
system.
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Source: L. 2019: Entire article added, (SB 19-222), ch. 226, p. 2269, § 6, effective May 20. L.
2022: (2) amended, (HB 22-1278), ch. 222, p. 1597, § 243, effective August 10.
27-63-106. Safety net system - effectiveness - report.
(1) From January 1, 2022, until July 1, 2024, the BHA shall provide an annual report on the
progress made by the BHA on the behavioral health safety net system to the public through the
annual hearing, pursuant to the "State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act", part 2 of article 7 of title 2.
(2) Notwithstanding section 24-1-136 (11)(a)(I), no later than January 1, 2025, the BHA shall
provide an annual report to the joint budget committee of the general assembly related to the
expenditures, outcomes, and effectiveness of the safety net system by service area region,
including any recommendations to improve the system and the transparency of the system.
Source: L. 2019: Entire article added, (SB 19-222), ch. 226, p. 2271, § 6, effective May 20. L.
2022: Entire section amended, (HB 22-1278), ch. 222, p. 1536, § 110, effective July 1.
ARTICLE 64
988 Crisis Hotline Enterprise
27-64-101. Legislative declaration.
27-64-102. Definitions.
27-64-103. 988 crisis hotline enterprise -
creation - powers and
duties.
27-64-104. 988 crisis hotline cash fund -
creation.
27-64-105. Reports.
27-64-101. Legislative declaration.
(1) The general assembly finds and declares that:
(a) On July 16, 2020, the federal communications commission adopted rules, and on October
17, 2020, congress passed the "National Suicide Hotline Designation Act of 2020", designating
988 as the three -digit number for the national suicide prevention lifeline to aid rapid access to
suicide prevention and mental health support services;
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(b) It is imperative for Colorado to implement 988 as the three -digit number for crisis
response services in Colorado in order to comply with federal regulations; improve quality and
access to behavioral health crisis services, especially for underserved populations and in rural
areas of the state; and reduce stigma surrounding suicide, mental health, and substance use
conditions;
(c) The 988 crisis hotline enterprise provides valuable benefits and services to telephone
service users when the enterprise funds the 988 crisis hotline and provides crisis outreach,
stabilization, and acute care to individuals calling the 988 crisis hotline from any jurisdiction in
Colorado twenty-four hours a day, seven days a week;
(d) By providing the benefits and services specified in subsection (1)(c) of this section, the
988 crisis hotline enterprise engages in an activity conducted in the pursuit of a benefit, gain, or
livelihood, and therefore operates as a business;
(e) Consistent with the determination of the Colorado supreme court in Nicholl v. E -470
Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is
inconsistent with enterprise status under section 20 of article X of the state constitution, it is the
conclusion of the general assembly that the charges imposed by the enterprise is a fee, not a tax,
because the charges are imposed for the specific purpose of allowing the enterprise to defray the
costs of providing the benefits and services specified in subsection (1)(c) of this section to
telephone service users and the charges are imposed at rates that are reasonably calculated based
on the cost of the services received by telephone service users;
(f) So long as the 988 crisis hotline enterprise qualifies as an enterprise for purposes of
section 20 of article X of the state constitution, the revenue from the charges imposed by the
enterprise are not state fiscal year spending, as defined in section 24 -77-102 (17), or state
revenues, as defined in section 24-77-103.6 (6)(c), and do not count against either the state fiscal
year spending limit imposed by section 20 article X of the state constitution or the excess state
revenues cap, as defined in section 24-77-103.6 (6)(b)(I); and
(g) No other enterprise created simultaneously or within the preceding five years serves
primarily the same purpose as the 988 crisis hotline enterprise and the 988 crisis hotline
enterprise will generate revenue from charges of less than one hundred million dollars total in its
first five fiscal years. Accordingly, the creation of the 988 crisis hotline enterprise does not
require voter approval pursuant to section 24-77-108.
Source: L. 2021: Entire article added, (SB 21-154), ch. 360, p. 2343, § 1, effective September
7.
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27-64-102. Definitions.
As used in this article 64, unless the context otherwise requires:
(1) "988 crisis hotline" means a state -identified hotline participating in the national suicide
prevention lifeline network to respond to statewide or regional behavioral health crisis calls.
(1.5) "Behavioral health administration" or "BHA" means the behavioral health
administration established in section 27-50-102.
(2) "Charge" means the 988 surcharge imposed by the enterprise pursuant to section 27 -64-
103 (4)(a) and the prepaid wireless 988 charge imposed by the enterprise pursuant to section 27 -
64-103 (4)(b).
(3) "Enterprise" means the 988 crisis hotline enterprise created in section 27-64-103.
(4) "National suicide prevention lifeline" means a national network of local crisis centers
maintained by the federal substance abuse and mental health services administration that
provides free and confidential emotional support to people in suicidal crisis or emotional distress
twenty-four hours a day, seven days a week.
(5) "Veterans crisis line" means the veterans crisis line maintained by the United States
department of veterans affairs.
Source: L. 2021: Entire article added, (SB 21-154), ch. 360, p. 2344, § 1, effective September
7. L. 2022: (1.5) added, (HB 22-1278), ch. 222, p. 1536, § 111, effective July 1.
27-64-103. 988 crisis hotline enterprise - creation - powers and duties.
(1) There is created in the behavioral health administration the 988 crisis hotline enterprise.
The enterprise is and operates as a government -owned business within the BHA for the business
purpose of imposing charges pursuant to subsections (4)(a) and (4)(b) of this section, and
utilizing the charges' revenue to fund the 988 crisis hotline and provide crisis outreach,
stabilization, and acute care to individuals calling the 988 crisis hotline. The enterprise is a type
1 entity, as defined in section 24 -1-105, and exercises its power and performs its duties and
functions under the BHA.
(2) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state
constitution so long as it retains the authority to issue revenue bonds and receives less than ten
percent of its total revenues in grants from all Colorado state and local governments combined.
So long as it constitutes an enterprise pursuant to this subsection (2), the enterprise is not subject
to section 20 of article X of the state constitution.
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(3) The enterprise is governed by a board of directors appointed by the governor.
(4) The enterprise's primary powers and duties are to:
(a) Effective January 1, 2022, impose a 988 surcharge on service users, as defined in section
40-17.5-101 (13), in an amount to be established annually by the enterprise, in collaboration with
the public utilities commission, but not to exceed thirty cents per month per 988 access
connection, as defined in section 40 -17.5-101 (2). On or before October 1, 2021, and on or
before October 1 of each year thereafter, the enterprise, in collaboration with the public utilities
commission, shall establish the amount of the surcharge for the next calendar year. The amount
of the surcharge must be reasonably calculated based on the cost of the services received by
telephone service users. The amount of the surcharge imposed per 988 access connection must be
uniform, regardless of the technology used to provide the 988 access connection.
(b) Effective January 1, 2022, impose a prepaid wireless 988 charge on each retail
transaction, as defined in section 40 -17.5-101 (10), in an amount to be established annually by
the enterprise, in collaboration with the public utilities commission, but not to exceed thirty cents
per each retail transaction in which prepaid wireless service is purchased in Colorado. On or
before October 1, 2021, and on or before October 1 of each year thereafter, the enterprise, in
collaboration with the public utilities commission, shall establish the amount of the charge for
the next calendar year. The amount of the charge must be reasonably calculated to meet the needs
of the enterprise.
(c) As required by subsection (5) of this section, fund the 988 crisis hotline to provide
intervention services and crisis care coordination to individuals calling the 988 crisis hotline;
(d) (I) Engage the services of third parties serving as crisis vendors to provide crisis
outreach; stabilization, including, but not limited to, recovery support and mobile response units;
acute care; and marketing for the 988 crisis hotline;
(II) Enter into any other contracts necessary for professional and technical assistance and
advice and to supply other services related to the conduct of the affairs of the enterprise, without
regard to the "Procurement Code", articles 101 to 112 of title 24.
(III) The BHA shall provide office space and administrative staff to the enterprise pursuant to
a contract entered into pursuant to subsection (4)(d)(II) of this section.
(e) By resolution, authorize and issue revenue bonds that are payable only from the money in
the 988 crisis hotline cash fund created in section 27-64-104; and
(f) Adopt, amend, or repeal policies for the regulation of its affairs and the conduct of its
business consistent with this section.
(5) (a) On or before July 1, 2022, the enterprise shall fund a nonprofit organization to operate
the 988 crisis hotline and provide intervention services and crisis care coordination to individuals
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calling the 988 crisis hotline from any jurisdiction within Colorado twenty -four hours a day,
seven days a week.
(b) The nonprofit organization shall:
(I) Have an active agreement with the administrator of the national suicide prevention
lifeline for participation within the network;
(II) Meet the national suicide prevention lifeline requirements and best practice guidelines
for operational and clinical standards;
(III) Meet the national suicide prevention lifeline requirements for serving high -risk and
specialized populations;
(IV) Deploy mobile response units and co-responder programs that are part of the behavioral
health crisis response system, created pursuant to section 27 -60-103, and coordinate access to
crisis walk-in centers, as appropriate; and
(V) Provide follow-up services to individuals accessing the 988 crisis hotline.
(6) The enterprise shall collaborate with the national suicide prevention lifeline and the
veterans crisis line for the purpose of ensuring consistent public messaging about the 988 crisis
hotline center and available services.
(7) The enterprise shall consider funding to ensure that individuals calling or texting the
legacy statewide telephone crisis lines are routed to the 988 crisis hotline.
(8) The enterprise is subject to the open meetings provisions of the "Colorado Sunshine Act
of 1972", contained in part 4 of article 6 of title 24, and the "Colorado Open Records Act", part 2
of article 72 of title 24.
(9) For purposes of the "Colorado Open Records Act", part 2 of article 72 of title 24, and
except as may otherwise be provided by federal law or regulation or state law, the records of the
enterprise are public records, as defined in section 24 -72-202 (6), regardless of whether the
enterprise receives less than ten percent of its total annual revenue in grants, as defined in section
24-77-102 (7), from all Colorado state and local governments combined.
(10) The enterprise is a public entity for purposes of part 2 of article 57 of title 11.
Source: L. 2021: Entire article added, (SB 21-154), ch. 360, p. 2345, § 1, effective September
7. L. 2022: (1) and (4)(d)(III) amended, (HB 22 -1278), ch. 222, p. 1536, § 112, effective July 1.
L. 2023: (1) amended, (HB 23 -1301), ch. 303, p. 1838, § 70, effective August 7. L. 2025:
(4)(d)(I) and (7) amended, (SB 25 -236), ch. 140, p. 530, § 5, effective July 1. L. 2026: (4)(b)
amended, (HB 26-1115), ch. 17, p. 80, § 1, effective March 26.
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27-64-104. 988 crisis hotline cash fund - creation.
(1) The 988 crisis hotline cash fund, referred to in this section as the "fund", is created in the
state treasury. The fund consists of money credited to the fund in accordance with article 17.5 of
title 40.
(2) The state treasurer shall credit all interest and income derived from the deposit and
investment of money in the fund to the fund.
(3) Money in the fund is continuously appropriated. The enterprise may expend money from
the fund for the purposes outlined in section 27-64-103 (4)(c) and (4)(d).
(4) The board may seek, accept, and expend gifts, grants, or donations from private or public
sources for the purposes of this section, so long as the combination of grants from state and local
governments is less than ten percent of the enterprise's total annual revenue.
Source: L. 2021: Entire article added, (SB 21-154), ch. 360, p. 2347, § 1, effective September
7. L. 2023: (3) amended, (HB 23-1236), ch. 206, p. 1065, § 35, effective May 16.
27-64-105. Reports.
(1) Beginning January 1, 2023, and each January 1 thereafter, the BHA shall:
(a) Submit information about the usage of the 988 crisis hotline and services provided to the
federal substance abuse and mental health services administration and information about the
expenditures of the 988 crisis hotline cash fund to the federal communications commission; and
(b) Report progress on the implementation of the 988 crisis hotline, including the usage of
the 988 crisis hotline, the services provided, and the deposits and expenditures from the 988
crisis hotline cash fund as part of its "State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act" hearing required by section 2-7-203.
Source: L. 2021: Entire article added, (SB 21-154), ch. 360, p. 2347, § 1, effective September
7. L. 2022: IP(1) amended, (HB 22-1278), ch. 222, p. 1537, § 113, effective July 1.
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ARTICLE 64.5
System of Care for Children and Youth with Complex Behavioral Health
Needs
27-64.5-101. Definitions. 27-64.5-102. System of care for children
and youth - report - rules.
27-64.5-101. Definitions.
As used in this article 64.5, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
(2) "Child or youth" means an individual who is less than twenty-one years of age.
(3) "State department" means the state department of human services created pursuant to
section 26-1-105.
Source: L. 2024: Entire article added, (HB 24-1038), ch. 459, p. 3181, § 4, effective June 6.
27-64.5-102. System of care for children and youth - report - rules.
(1) No later than July 1, 2024, the behavioral health administration, in collaboration with the
state department and the department of health care policy and financing pursuant to part 20 of
article 6 of title 25.5, shall begin developing a system of care for children and youth who have
complex behavioral health needs. At a minimum, the system of care must include:
(a) Implementation of a standardized assessment tool that:
(I) Expands upon and modifies the assessment tool described in section 19-1-115 (4)(e)(I);
(II) Makes recommendations regarding the appropriate level of care necessary to meet the
child's or youth's treatment needs;
(III) Informs the child's or youth's treatment planning, including behavioral health
programming and medical needs; and
(IV) Is administered to children and youth who are enrolled in the state medical assistance
program or any child or youth who meets the referral requirements established by the behavioral
health administration, the state department, and the department of health care policy and
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financing, which requirements must not exclude a child or youth based on the child's or youth's
disability or diagnosis;
(b) Intensive-care coordination for children and youth enrolled in the state medical assistance
program pursuant to articles 4, 5, and 6 of title 25.5;
(c) Expanded supportive services for children and youth pursuant to subsection (2) of this
section; and
(d) Expanded access to treatment foster care, as defined in section 26-6-903.
(2) No later than October 1, 2024, the BHA shall promulgate rules in collaboration with the
state department and the department of health care policy and financing for the administration
and implementation of the system of care for children and youth. At a minimum, the rules must
address:
(a) The populations eligible for the system of care components;
(b) Mechanisms for determining eligibility for participating in the system of care; and
(c) Requirements for residential treatment providers to obtain cultural competency related to
the provision of services under a system of care.
(3) Notwithstanding section 24 -1-136 (11)(a)(I), beginning January 2025, and each January
thereafter, the state department shall report progress on the development and implementation of
the system of care developed pursuant to this section to the house of representatives health and
human services committee and the senate health and human services committee, or their
successor committees, during the hearings held pursuant to the "SMART Act", part 2 of article 7
of title 2.
Source: L. 2024: Entire article added, (HB 24-1038), ch. 459, p. 3181, § 4, effective June 6.
MENTAL HEALTH AND MENTAL HEALTH DISORDERS
ARTICLE 65
Care and Treatment of Persons with Mental Health Disorders
PART 1
EMERGENCY MENTAL HEALTH
HOLDS AND CERTIFICATION FOR
TREATMENT
27-65-101. Legislative declaration.
27-65-101.5. Nonapplicability of article if
individual has intellectual
and developmental
disability or
neurocognitive disorder.
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27-65-102. Definitions.
27-65-103. V oluntary applications for
mental health services.
27-65-104. V oluntary applications for
mental health services -
treatment of minors -
definition.
27-65-105. Rights of respondents.
27-65-106. Emergency mental health
hold - screening - court-
ordered evaluation -
discharge instructions -
respondent's rights.
27-65-107. Emergency transportation -
application - screening -
respondent's rights.
27-65-108. Care coordination for persons
certified or in need of
ongoing treatment.
27-65-108.3. Criteria and standards for
certification for short-
term treatment and
certification for long-term
care and treatment.
27-65-108.5. Court-ordered certification
for short-term treatment
for incompetent
defendants in a criminal
matter - contents of
petition - procedure to
contest petition -
commitment to
behavioral health
administration -
definition.
27-65-109. Certification for short-term
treatment - procedure.
27-65-109.5. Certification for short-term
outpatient treatment.
27-65-110. Certification for long-term
care and treatment -
procedure.
27-65-111. Certification on an outpatient
basis - civil commitment -
short-term and long-term
treatment.
27-65-112. Termination of certification
for short-term and long-
term treatment.
27-65-113. Jurisdiction - transfer.
27-65-113.1. Hearing procedures.
27-65-113.5. County attorney and district
attorney responsibilities.
27-65-114. Appeals.
27-65-115. Habeas corpus.
27-65-116. Restoration of rights.
27-65-117. Discrimination - definition.
27-65-118. Right to treatment - rules.
27-65-119. Rights of respondents
certified for short-term
treatment or long-term
care and treatment.
27-65-120. Administration or monitoring
of medications to persons
receiving treatment.
27-65-121. Employment of persons in a
facility - rules.
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27-65-122. V oting in public elections.
27-65-123. Records.
27-65-124. Request for release of
information - procedures
- review of a decision
concerning release of
information.
27-65-125. Treatment in federal
facilities.
27-65-126. Transfer of persons into and
out of Colorado -
reciprocal agreements.
27-65-127. Imposition of legal disability
- deprivation of legal
right - restoration.
27-65-128. Administration - rules.
27-65-129. Payment for counsel.
27-65-130. Advisory board - created -
service standards and
rules.
27-65-131. Data report.
27-65-132. Recognition of Tribal court
commitment orders -
applicability - process -
definitions.
PART 2
CIVIL COMMITMENT OF
INCOMPETENT AND UNRESTORABLE
PERSON
27-65-201. Court supervision of
incompetent and
unrestorable person
ordered into civil
commitment - repeal.
27-65-202. Termination of civil
commitment - repeal.
PART 1
EMERGENCY MENTAL HEALTH HOLDS AND CERTIFICATION FOR
TREATMENT
27-65-101. Legislative declaration.
(1) The general assembly declares that the purposes of this article 65 are:
(a) To secure for each person with a mental health disorder such care and treatment suited to
the person's needs and to ensure that the care and treatment are skillfully and humanely
administered with full respect for the person's dignity and personal integrity;
(b) To deprive a person of the person's liberty for purposes of care or treatment only when
less restrictive alternatives are unavailable and only when the person's safety or the safety of
others is endangered;
(c) To provide the fullest possible measure of privacy, dignity, and other rights to persons
undergoing care and treatment for a mental health disorder;
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(d) To encourage the use of voluntary, rather than coercive, measures to provide care and
treatment for mental health disorders and to provide the care and treatment in the least restrictive
setting;
(e) To provide appropriate information to family members concerning the location and fact
of admission of a person with a mental health disorder to inpatient or residential care and
treatment;
(f) To encourage the appropriate participation of family members in the care and treatment of
a person with a mental health disorder and, when appropriate, to provide information to family
members in order to facilitate that participation; and
(g) To facilitate the recovery and resiliency of each person who receives care and treatment
pursuant to this article 65.
(2) To carry out these purposes, the provisions of this article 65 must be liberally construed.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3170, § 1,
effective August 10.
Editor's note: This section is similar to former § 27-65-101 as it existed prior to 2022.
ANNOTATION
Law reviews. For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981).
Annotator's note. Since § 27 -65-101 is
similar to § 27 -10-101 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
The intent of this article is to provide
services to all mentally ill persons, as
defined, not just to those persons who are so
mentally ill as to be gravely disabled or an
imminent danger to themselves or others.
Goebel v. Colo. Dept. of Institutions, 830
P.2d 1036 (Colo. 1992).
The statutory scheme for the care and
treatment of mentally ill persons is
calculated (1) to provide care and treatment
adequately suited to the needs of patients in
a dignified and least restrictive manner and
(2) to ensure against premature release of
patients when that release would pose a
likely risk of serious bodily harm to the
patient or others as a result of the patient's
mental condition. Perreira v. State, 768 P.2d
1198 (Colo. 1989); People in Interest of
Reynes, 870 P.2d 518 (Colo. App. 1993).
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Difference from criminal commitment
not violative of equal protection. The
differences in the commitment procedures
and standards of release for criminal and
civil commitments do not violate equal
protection of the laws. People v. Chavez,
629 P.2d 1040 (Colo. 1981).
Entire tenor of this article is to
recognize and protect the dignity and legal
rights of patients treated pursuant to its
provisions. Goedecke v. State Dept. of
Insts., 198 Colo. 407, 603 P.2d 123 (1979).
Concern of general assembly was to
devise system which protects rights of the
individual while, at the same time, creating
a method to discover the truth of the
patient's mental illness and whether this
illness causes the individual to be a danger
to others or to himself or to be gravely
disabled. People v. Taylor, 618 P.2d 1127
(Colo. 1980).
This article applies to both voluntary
and involuntary patients. Goebel v. Colo.
Dept. of Institutions, 764 P.2d 785 (Colo.
1988); Goebel v. Colo. Dept. of Institutions,
830 P.2d 1036 (Colo. 1992).
Primary purpose of civil commitment is
to secure such treatment as is suited to the
needs of the person under conditions which
are as least restrictive of liberty as
practicable. People v. Chavez, 629 P.2d 1040
(Colo. 1981).
This act applies to those who are
mentally ill and seek treatment before they
become so mentally ill as to be dangerous or
gravely disabled. Goebel v. Colo. Dept. of
Institutions, 830 P.2d 1036 (Colo. 1992).
Article is to be strictly construed to see
that no limit is placed on a person's right to
seek voluntary treatment. People v. Taylor,
618 P.2d 1127 (Colo. 1980).
The provisions of this article must be
strictly construed because of their
curtailment of personal liberty. People in
Interest of Bucholz, 778 P.2d 300 (Colo.
App. 1989).
Powers to confine carefully restrained.
The state's power to confine persons on the
basis of mental illness must be carefully
restrained by procedural safeguards, and can
be invoked only by conditions great enough
to justify such a massive curtailment of
liberty. People v. Lane, 196 Colo. 42, 581
P.2d 719 (1978).
Disability sufficient to justify
involuntary commitment must arise as
result of mental illness; and in keeping
with the statutory purpose, it must be so
grave that the person's safety is threatened
by his inability to take care of his basic
personal needs. People v. Taylor, 618 P.2d
1127 (Colo. 1980).
Mere disability alone is insufficient to
warrant involuntary commitment. Mere
disability alone, even if found in conjunction
with mental illness, is not enough to warrant
involuntary commitment. People v. Taylor,
618 P.2d 1127 (Colo. 1980).
Duty of a therapist to protect third
persons from harm must be measured by the
foreseeability of the risk and whether the
danger created is sufficiently large to
embrace the specific harm. Brady v. Hopper,
570 F. Supp. 1333 (D. Colo. 1983) (decided
prior to enactment of § 13-21-117).
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The therapist -patient relationship is one
which under certain circumstances will give
rise to a duty on the part of the therapist to
protect third persons from harm. Brady v.
Hopper, 570 F. Supp. 1333 (D. Colo. 1983)
(decided prior to enactment of § 13-21-117).
For due process considerations in civil
commitment proceedings, see People v.
Chavez, 629 P.2d 1040 (Colo. 1981).
Less restrictive alternatives need not be
considered as a condition precedent to
certification. Civil commitment constitutes
a severe infringement of liberty requiring
due process protection. However, the
statutory scheme set forth in this article
contains a number of procedural safeguards
that greatly reduce the inherent risk of
erroneous deprivation. Therefore, due
process does not require a mandatory
hearing at the time of certification since the
statute provides for a hearing on request.
People v. Stevens, 761 P.2d 768 (Colo.
1988).
Psychologist-client privilege. In keeping
with the statutory goal of securing care and
treatment on an individual basis, former §
27-10-120 is intended as an authorization for
a psychologist to testify to observations
concerning an involuntarily detained person
when the issue before the court is whether
the statutory conditions for certification for
short-term treatment have been satisfied.
People v. District Court, 797 P.2d 1259
(Colo. 1990).
Applied in People in Interest of Paiz, 43
Colo. App. 352, 603 P.2d 976 (1979);
Sisneros v. District Court, 199 Colo. 179,
606 P.2d 55 (1980); People in Interest of
Freeman, 636 P.2d 1334 (Colo. App. 1981);
People v. White, 656 P.2d 690 (Colo. 1983).
27-65-101.5. Nonapplicability of article if individual has intellectual and developmental
disability or neurocognitive disorder.
The provisions of part 5 of article 10 of title 25.5 apply and this article 65 does not apply if a
person has an intellectual and developmental disability or a neurocognitive disorder, as those
terms are defined in section 25.5 -10-501, without any other mental health disorder that is not an
intellectual and developmental disability or neurocognitive disorder and that substantially
contributes to whether the respondent is a danger to the respondent's self or a danger to others, or
is gravely disabled.
Source: L. 2026: Entire section added, (SB 26-149), ch. 142, p. 727, § 2, effective May 21.
27-65-102. Definitions.
As used in this article 65, unless the context otherwise requires:
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(1) "Acute treatment unit" means a facility or a distinct part of a facility for short -term
psychiatric care, which may include treatment for substance use disorders, that provides a total,
twenty-four-hour, therapeutically planned and professionally staffed environment for persons
who do not require inpatient hospitalization but need more intense and individual services than
are available on an outpatient basis, such as crisis management and stabilization services.
(2) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-60-203.
(3) "Behavioral health crisis" means a significant disruption in a person's mental or
emotional stability or functioning resulting in an urgent need for immediate assessment and
treatment to prevent a serious deterioration in the person's mental or physical health.
(4) "Behavioral health crisis response team" means a mobile team that responds to people in
the community who are in a behavioral health crisis and includes at least one licensed or
bachelor-degree-level behavioral health worker. A "behavioral health crisis response team"
includes, but is not limited to, a co-responder model, mobile crisis response unit, or a community
response team.
(5) "Behavioral health entity" has the same meaning as set forth in section 27-50-101.
(6) "Certified peace officer" means any certified peace officer as described in section 16 -2.5-
102.
(7) "Commissioner" means the commissioner of the behavioral health administration
established in section 27-60-203.
(8) "Court" means any district court of the state of Colorado and the probate court in the city
and county of Denver.
(9) "Court -ordered evaluation" means an evaluation ordered by a court pursuant to section
27-65-106.
(10) "Danger to others" means a person poses a substantial risk of physical harm to another
person or persons, as manifested by evidence of recent homicidal or other violent behavior by the
person in question, or by evidence that others are placed in reasonable fear of violent behavior
and serious physical harm to them, as evidenced by a recent overt act, attempt, or threat to do
serious physical harm by the person in question.
(10.2) "Danger to the person's self", or similar terminology, means a person poses a
substantial risk of physical harm to the person's self as manifested by evidence of recent threats
or attempts at suicide or serious bodily harm to the person's self.
(11) "Department" or "CDHS" means the department of human services.
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(12) "Emergency medical services facility" means a general hospital with an emergency
department or a freestanding emergency department, as defined in section 25 -1.5-114 (5). An
emergency medical services facility is not required to be, but may elect to become, a facility
designated or approved by the commissioner.
(13) "Emergency medical services provider" has the same meaning as set forth in section 25 -
3.5-103 (8).
(14) Repealed.
(15) "Facility" means a public hospital or a licensed private hospital, behavioral health entity,
institution, or residential child care facility that provides treatment for persons with mental health
disorders.
(16) "Family member" means a spouse, partner in a civil union, as defined in section 14 -15-
103 (5), parent, adult child, or adult sibling of a person with a mental health disorder.
(17) "Gravely disabled" means a condition in which a person, as a result of a mental health
disorder, is incapable of making informed decisions about or providing for the person's essential
needs without significant supervision and assistance from other people. As a result of being
incapable of making these informed decisions, a person who is gravely disabled is at risk of
substantial bodily harm, dangerous worsening of any concomitant serious physical illness,
significant psychiatric deterioration, or mismanagement of the person's essential needs that could
result in substantial bodily harm. A person of any age may be "gravely disabled", but the term
does not include a person whose decision -making capabilities are limited solely by the person's
developmental disability.
(18) "Hospitalization" means twenty -four-hour out -of-home placement for treatment in a
facility for a person with a mental health disorder.
(19) "Independent professional person" means a professional person who evaluates a minor's
condition as an independent decision -maker and whose recommendations are based on the
standard of what is in the best interest of the minor. The professional person may be associated
with the admitting facility if the professional person is free to independently evaluate the minor's
condition and need for treatment and has the authority to refuse admission to any minor who
does not satisfy the statutory standards specified in section 27-65-104 (2).
(20) "Intervening professional" means a person who is one of the following:
(a) A professional person;
(b) A physician assistant licensed pursuant to section 12-240-113;
(c) An advanced practice registered nurse, as defined in section 12-255-104 (1);
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(d) A registered professional nurse, as defined in section 12 -255-104 (11), who has specific
mental health training as identified by the BHA;
(e) A clinical social worker licensed pursuant to part 4 of article 245 of title 12;
(f) A marriage and family therapist licensed pursuant to part 5 of article 245 of title 12;
(g) A professional counselor licensed pursuant to part 6 of article 245 of title 12; or
(h) An addiction counselor licensed pursuant to part 8 of article 245 of title 12.
(21) "Lay person" means a person identified by another person who is detained on an
involuntary emergency mental health hold pursuant to section 27 -65-106, certified for short-term
treatment pursuant to section 27 -65-108.5, 27-65-109, or 27-65-109.5, or certified for long -term
care and treatment pursuant to section 27 -65-110 who is authorized to participate in activities
related to the person's involuntary emergency mental health hold, short -term treatment, or long -
term treatment, including court appearances, discharge planning, and grievances. The person
may rescind the lay person's authorization at any time.
(22) "Mental health disorder" means one or more substantial disorders of the cognitive,
volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality
or to control behavior and includes a mental disability or developmental disability, as those terms
are defined in section 16 -8.5-101, which has led a court to find the person with the disability
incompetent to proceed pursuant to article 8.5 of title 16.
(23) "Minor" means a person under eighteen years of age; except that the term does not
include a person who is fifteen years of age or older who is living separately and apart from the
person's parent or legal guardian and is managing the person's own financial affairs, regardless of
the person's source of income, or who is married and living separately and apart from the
person's parent or legal guardian.
(24) "Patient representative" means a person designated by a mental health facility to process
patient complaints or grievances or to represent patients who are minors pursuant to section 27 -
65-104 (4).
(24.5) "Persistent mental health disorder" means:
(a) A mental health disorder that has resulted in the person having three or more of the
following within the preceding three years:
(I) An emergency mental health hold pursuant to section 27-65-106;
(II) A certification for short-term treatment pursuant to section 27-65-109 or 27-65-109.5;
(III) A finding of incompetency to proceed pursuant to article 8 or 8.5 of title 16; or
(IV) An inpatient psychiatric hospitalization; and
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(b) A professional person with an established treatment relationship with the person, as
described in section 27 -65-109.5 (1)(a), has evaluated the person within the preceding ninety
days or a professional person conducting an evaluation or treatment pursuant to this article 65
has given consideration to the person's history of psychiatric deterioration and cycling through
interventions and determined that:
(I) The person currently has a mental health disorder that substantially impairs the person's
ability to make informed decisions about treatment;
(II) V oluntary treatment is unlikely to be sufficient to prevent further psychiatric
deterioration or crisis episodes based on the person's treatment history and current presentation;
(III) Involuntary treatment is clinically indicated and appropriate given the person's current
condition, level of functioning, and treatment history, including any failures to maintain
voluntary treatment despite any prior assurances the person would; and
(IV) The person has not had a continuous period of twelve or more months of immediately
preceding stability, unless the professional person documents specific clinical findings that
current psychiatric deterioration is occurring notwithstanding the period of stability.
(25) "Petitioner" means any person who files any petition in any proceeding in the interest of
any person who allegedly has a mental health disorder or is allegedly gravely disabled.
(26) "Physician" means a person licensed to practice medicine in this state.
(27) "Professional person" means a person licensed to practice medicine in this state, a
psychologist licensed to practice in this state, or a person licensed and in good standing to
practice medicine in another state or a psychologist licensed to practice and in good standing in
another state who is providing medical or clinical services at a treatment facility in this state that
is operated by the armed forces of the United States, the United States public health service, or
the United States department of veterans affairs.
(27.5) "Psychiatric deterioration" means a measurable decline in overall functioning due to
the person's mental health disorder. Psychiatric deterioration may be evidenced by, but not
limited to, a person's increased severity or frequency of symptoms; diminished ability to perform
activities of daily living resulting in mental, emotional, or physical harm; or inability to
recognize the need for intervention, which has a substantial probability of resulting in harm or
further decompensation to the person.
(28) "Residential child care facility" has the same meaning as set forth in section 26 -6-903
(29). A residential child care facility may be eligible for designation by the commissioner
pursuant to this article 65.
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(29) "Respondent" means either a person alleged in a petition filed pursuant to this article 65
to have a mental health disorder or be gravely disabled or a person certified pursuant to the
provisions of this article 65.
(30) "Screening" means a review of all petitions, to consist of an interview with the
petitioner and, whenever possible, the respondent; an assessment of the problem; an explanation
of the petition to the respondent; and a determination of whether the respondent needs and, if so,
will accept on a voluntary basis, a comprehensive evaluation, treatment, referral, and other
appropriate services, either on an inpatient or an outpatient basis.
(31) "Secure transportation provider" means a provider licensed pursuant to section 25 -3.5-
310 to provide public or private secure transportation services.
(32) "Substantial risk of serious harm to others" means an appreciable and considerable risk
that the person will commit a criminal act against a person now or in the reasonably foreseeable
future that causes serious bodily injury, as defined in section 18 -1-901, to another person, or is
likely to cause serious emotional distress to a reasonable person.
Source: L. 2022: (1.5)(a) and (28) amended, (HB 22 -1295), ch. 123, p. 863, § 116, effective
July 1; (2) and (7) added, (12) and (28) amended, and (14) repealed, (HB 22 -1278), ch. 222, p.
1537, § 114, effective July 1; entire article amended with relocations, (HB 22 -1256), ch. 451, p.
3171, § 1, effective August 10; (14) repealed, (HB 22 -1256), ch. 451, p. 3240, § 56, effective
August 10; (5) and (15) amended, (HB 22 -1278), ch. 222, p. 1594, § 235, effective July 1, 2024.
L. 2026: (10), (11), (21), and (22) amended and (10.2), (24.5), (27.5), and (32) added, (SB 26 -
149), ch. 142, p. 727, § 3, effective May 21.
Editor's note: (1) This section is similar to former § 27-65-102 as it existed prior to 2022.
(2) Subsection (2) was numbered as § 27 -65-102 (1.3) in HB 22 -1278 (see L. 2022, p. 1537).
That provision was harmonized with subsection (2) of this section as it appears in HB 22-1256.
(3) Subsection (5) was numbered as § 27 -65-102 (1.5) in HB 22 -1278 (see L. 2022, p. 1594).
That provision was harmonized with subsection (5) of this section as it appears in HB 22 -1256,
effective July 1, 2024.
(4) Subsection (1.5)(a) was amended in HB 22 -1295. Those amendments were superseded by
the amendments to this section in HB 22 -1256, effective August 10, 2022, and HB 22 -1278,
effective July 1, 2024. For the amendments to section 27-65-102 (1.5)(a) in HB 22-1295 in effect
from July 1, 2022, to August 10, 2022, see chapter 123, Session Laws of Colorado 2022 (L.
2022, p. 863).
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(5) Subsection (7) was numbered as § 27 -65-102 (2.5) in HB 22 -1278 (see L. 2022, p. 1537).
That provision was harmonized with subsection (7) of this section as it appears in HB 22-1256.
(6) Subsection (12) was numbered as § 27-65-102 (5.5) in HB 22-1278 (see L. 2022, p. 1537).
That provision was harmonized with subsection (12) of this section as it appears in HB 22-1256.
(7) Subsection (14) was numbered as § 27 -65-102 (6) in HB 22 -1278 (see L. 2022, p. 1537).
That provision was harmonized with subsection (14) of this section as it appears in HB 22-1256.
(8) Subsection (15) was numbered as § 27 -65-102 (7) in HB 22 -1278 (see L. 2022, p. 1594).
That provision was harmonized with subsection (15) of this section as it appears in HB 22 -1256,
effective July 1, 2024.
(9) Subsection (28) was numbered as § 27 -65-102 (18) in HB 22 -1278 (see L. 2022, p. 1537).
That provision was harmonized with HB 22 -1295 and subsection (28) of this section as it
appears in HB 22-1256.
(10) Subsection (14) was repealed in § 56 of HB 22 -1256, effective August 10, 2022.
However, those repeals were superseded by the amendment of this entire article by § 1 of HB 22-
1256, effective August 10, 2022.
ANNOTATION
Law reviews. For article on commitment
of mental patients, see 13 Rocky Mt. L. Rev.
99 (1941). For article, "Liability of Counties
for Support of Inmates in State Institutions",
see 29 Dicta 27 (1952). For article,
"Commitment Procedures in Colorado", see
29 Dicta 273 (1952). For article, "Legal
Capacity of Adjudged Incompetents", see 29
Dicta 292 (1952). For article, "Civil
Commitment of the Mentally Ill in the
Denver Probate Court", see 46 Den. L.J. 496
(1969). For article, "Due Process in
Involuntary Civil Commitment and
Incompetency Adjudication Proceedings:
Where Does Colorado Stand?", see 46 Den.
L.J. 516 (1969). For article, "The Supreme
Court Sidesteps the Right to Treatment
Question; O'Conner v. Donaldson", see 47
U. Colo. L. Rev. 299 (1976). For article,
"Patients' Rights vs. Patients' Needs: The
Right of the Mentally Ill to Refuse
Treatment in Colorado", see 58 Den. L.J.
567 (1981). For article, "The Homeless and
the Law", see 14 Colo. Law. 405 (1985). For
article, "Group Home Regulations Under
State and Federal Law", see 35 Colo. Law.
37 (Feb. 2006). For article, "How to
Reconcile Advance Care Directives With
Attempted Suicide", see 42 Colo. Law. 97
(July 2013).
Annotator's note. Since § 27 -65-102 is
similar to § 27 -10-102 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Definitions in former subsections (5)
and (7) are sufficiently clear and definite.
Colorado Revised Statutes 2026
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The definitions of mental illness and of the
condition of being gravely disabled in
former subsections (5) and (7) are
sufficiently clear and definite to apprise both
lay and professional persons of the type of
conduct necessary for certification for short -
term treatment. People v. Taylor, 618 P.2d
1127 (Colo. 1980).
Definition of "gravely disabled" in
former subsection (5) refers to an existing
rather than a prospective inability to provide
for one's "basic personal needs". The
determination at a certification hearing as to
whether a person is "gravely disabled" must
focus on the individual's existing condition,
and not on the possibility of future relapse.
People in Interest of Bucholz, 778 P.2d 300
(Colo. App. 1989).
Definition of "gravely disabled" takes
precedence over a respondent's own
testimony regarding the respondent's mental
state. People in Interest of Ramsey, 2023
COA 95, 541 P.3d 1198.
Phrase "basic personal needs" means
those fundamental necessities of human
existence, such as food, shelter, clothing,
and medical care, which an individual must
obtain and maintain in order to live safely.
People v. Taylor, 618 P.2d 1127 (Colo.
1980).
Statutory definition of mental illness,
on its own terms, cannot be read to intend
that every idiosyncratic or eccentric person
requires involuntary medical intervention.
People v. Taylor, 618 P.2d 1127 (Colo.
1980).
A court's determination regarding
whether a respondent has a "mental
health disorder" takes precedence over a
respondent's own testimony regarding the
respondent's mental state. People in Interest
of Ramsey, 2023 COA 95, 541 P.3d 1198.
It is necessary prerequisite to ordering
short-term involuntary psychiatric
treatment that the professional treatment
and evaluation staff find, after analysis, that
the person for whom certification is sought
is mentally ill and, as a result of mental
illness, is a danger to others or to himself or
is gravely disabled. People v. Taylor, 618
P.2d 1127 (Colo. 1980).
For previous definition of "insane
person", see Arridy v. People, 103 Colo. 29,
82 P.2d 757 (1938); Browne v. Smith, 119
Colo. 469, 205 P.2d 239 (1949).
Applied in People in Interest of Paiz, 43
Colo. App. 352, 603 P.2d 976 (1979).
27-65-103. Voluntary applications for mental health services.
(1) Nothing in this article 65 in any way limits the right of any person to make a voluntary
application at any time to any public or private agency or professional person for mental health
services, either by direct application in person or by referral from any other public or private
agency or professional person. Subject to section 15-14-316 (4), a ward, as defined in section 15-
14-102 (15), may be admitted to a hospital or institutional care and treatment for a mental health
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disorder with the guardian's consent for as long as the ward agrees to such care and treatment.
The guardian shall immediately notify in writing the court that appointed the guardian of the
admission.
(2) For the purpose of this article 65, the treatment by prayer in the practice of the religion of
any church that teaches reliance on spiritual means alone for healing is considered a form of
treatment.
(3) The medical and legal status of all voluntary patients receiving treatment for mental
health disorders in inpatient or custodial facilities must be reviewed at least once every six
months.
(4) V oluntary patients are afforded all the rights and privileges customarily granted by
hospitals to their patients.
(5) (a) If at any time during an emergency mental health hold of a person who is confined
involuntarily the facility staff requests the person to sign in voluntarily and the person elects to
do so, the following advisement shall be given orally and in writing and an appropriate notation
shall be made in the person's medical record by the professional person or the professional
person's designated agent:
NOTICE
The decision to sign in voluntarily should be made by you alone and should be free
from any force or pressure implied or otherwise. If you do not feel that you are able to
make a truly voluntary decision, you may continue to be held at the hospital
involuntarily. As an involuntary patient, you will have the right to protest your
confinement and request a hearing before a judge.
(b) This subsection (5) does not apply to a person on an emergency mental health hold in an
emergency medical services facility.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3175, § 1,
effective August 10.
Editor's note: This section is similar to former § 27-65-103 as it existed prior to 2022.
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ANNOTATION
Law reviews. For article, "Commitment
Procedures in Colorado", see 29 Dicta 273
(1952). For article, "Legal But Not Fair:
Legal Implications of a Mental Illness
Medical Model", see 11 Colo. Law. 1234
(1982). For article, "Legislative Update", see
12 Colo. Law. 1251 (1983). For article,
"Legislative Update", see 13 Colo. Law.
1419 (1984). For article, "Nailing Jello to
the Wall: Colorado Regulates
Psychotherapists", see 19 Colo. Law. 71
(1990).
No limit on right to seek voluntary
treatment. This article is to be strictly
construed to see that no limit is placed on a
person's right to seek voluntary treatment.
People v. Taylor, 618 P.2d 1127 (Colo. 1980)
(decided prior to 2010 amendments to this
article).
27-65-104. Voluntary applications for mental health services - treatment of minors -
definition.
(1) Notwithstanding any other provision of law, a minor who is fifteen years of age or older,
whether with or without the consent of a parent or legal guardian, may consent to receive mental
health services to be rendered by a facility, a professional person, or mental health professional
licensed pursuant to part 3, 4, 5, 6, or 8 of article 245 of title 12 in any practice setting. Such
consent is not subject to disaffirmance because of minority. The professional person or licensed
mental health professional rendering mental health services to a minor may, with or without the
consent of the minor, advise the minor's parent or legal guardian of the services given or needed.
(2) A minor who is fifteen years of age or older or a minor's parent or legal guardian, on the
minor's behalf, may make a voluntary application for hospitalization. An application for
hospitalization on behalf of a minor who is under fifteen years of age and who is a ward of the
department must not be made unless a guardian ad litem has been appointed for the minor or a
petition for the same has been filed with the court by the agency having custody of the minor;
except that such an application for hospitalization may be made under emergency circumstances
requiring immediate hospitalization, in which case the agency shall file a petition for
appointment of a guardian ad litem within seventy -two hours after application for admission is
made, and the court shall immediately appoint a guardian ad litem. Procedures for hospitalization
of a minor may proceed pursuant to this section once a petition for appointment of a guardian ad
litem has been filed, if necessary. Whenever an application for hospitalization is made, an
independent professional person shall interview the minor and conduct a careful investigation
into the minor's background, using all available sources, including, but not limited to, the minor's
parents or legal guardian, the minor's school, and any other social service agencies. Prior to
admitting a minor for hospitalization, the independent professional person shall make the
following findings:
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(a) That the minor has a mental health disorder and is in need of hospitalization;
(b) That a less restrictive treatment alternative is inappropriate or unavailable; and
(c) That hospitalization is likely to be beneficial.
(3) An interview and investigation by an independent professional person is not required for
a minor who is fifteen years of age or older and who, upon the recommendation of the minor's
treating professional person, seeks voluntary hospitalization with the consent of the minor's
parent or legal guardian. In order to assure that the minor's consent to such hospitalization is
voluntary, the minor shall be advised, at or before the time of admission, of the minor's right to
refuse to sign the admission consent form and the minor's right to revoke the minor's consent at a
later date. If a minor admitted pursuant to this subsection (3) subsequently revokes the minor's
consent after admission, a review of the minor's need for hospitalization pursuant to subsection
(4) of this section must be initiated immediately.
(4) (a) The need for continuing hospitalization of all voluntary minor patients must be
formally reviewed at least every two months. Review pursuant to this subsection (4) must fulfill
the requirement specified in section 19 -1-115 (8) when the minor is fifteen years of age or older
and consenting to hospitalization.
(b) The review must be conducted by an independent professional person who is not a
member of the minor's treating team; or, if the minor, the minor's physician, and the minor's
parent or legal guardian do not object to the need for continued hospitalization, the review
required pursuant to this subsection (4) may be conducted internally by the hospital staff.
(c) The independent professional person shall determine whether the minor continues to
meet the criteria specified in subsection (2) of this section and whether continued hospitalization
is appropriate and shall, at a minimum, conduct an investigation pursuant to subsection (2) of
this section.
(d) Ten days prior to the review, the patient representative at the mental health facility shall
notify the minor of the date of the review and shall assist the minor in articulating to the
independent professional person the minor's wishes concerning continued hospitalization.
(e) Nothing in this section limits a minor's right to seek release from the facility pursuant to
any other provision of law.
(5) Every six months the review required pursuant to subsection (4) of this section shall be
conducted by an independent professional person who is not a member of the minor's treating
team and who has not previously reviewed the minor pursuant to subsection (4) of this section.
(6) (a) When a minor does not consent to or objects to continued hospitalization, the need for
such continued hospitalization must, within ten days, be reviewed pursuant to subsection (4) of
this section by an independent professional person who is not a member of the minor's treating
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team and who has not previously reviewed the minor pursuant to this subsection (6). The minor
shall be informed of the results of the review within three days after the review's completion. If
the conclusion reached by the professional person is that the minor no longer meets the standards
for hospitalization specified in subsection (2) of this section, the minor must be discharged.
(b) If, twenty -four hours after being informed of the results of the review specified in
subsection (6)(a) of this section, a minor continues to affirm the objection to hospitalization, the
director of the facility or the director's duly appointed representative shall advise the minor that
the minor has the right to retain and consult with an attorney at any time and that the director or
the director's duly appointed representative shall file, within three days after the request of the
minor, a statement requesting an attorney for the minor or, if the minor is under fifteen years of
age, a guardian ad litem. The minor; the minor's attorney, if any; and the minor's parent, legal
guardian, or guardian ad litem, if any, shall be given written notice that a hearing upon the
recommendation for continued hospitalization may be had before the court or a jury upon written
request directed to the court pursuant to subsection (6)(d) of this section.
(c) Whenever the statement requesting an attorney is filed with the court, the court shall
ascertain whether the minor has retained counsel, and, if the minor has not, the court shall, within
three days, appoint an attorney to represent the minor, or if the minor is under fifteen years of
age, a guardian ad litem. Upon receipt of a petition filed by the guardian ad litem, the court shall
appoint an attorney to represent the minor under fifteen years of age.
(d) (I) The minor or the minor's attorney or guardian ad litem may, at any time after the
minor has continued to affirm the minor's objection to hospitalization pursuant to subsection
(6)(b) of this section, file a written request that the recommendation for continued hospitalization
be reviewed by the court or that the treatment be on an outpatient basis. If review is requested,
the court shall hear the matter within ten days after the request, and the court shall give notice of
the time and place of the hearing to the minor; the minor's attorney, if any; the minor's parents or
legal guardian; the minor's guardian ad litem, if any; the independent professional person; and
the minor's treating team. The hearing must be held in accordance with section 27 -65-113.1;
except that the court or jury shall determine that the minor is in need of care and treatment if the
court or jury makes the following findings:
(A) That the minor has a mental health disorder and is in need of hospitalization;
(B) That a less restrictive treatment alternative is inappropriate or unavailable; and
(C) That hospitalization is likely to be beneficial.
(II) At the conclusion of the hearing, the court may enter an order confirming the
recommendation for continued hospitalization, discharge the minor, or enter any other
appropriate order.
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(e) For purposes of this subsection (6), "objects to hospitalization" means that a minor, with
the necessary assistance of hospital staff, has written the minor's objections to continued
hospitalization and has been given an opportunity to affirm or disaffirm such objections forty -
eight hours after the objections are first written.
(f) A minor may not again object to hospitalization pursuant to this subsection (6) until
ninety days after conclusion of proceedings pursuant to this subsection (6).
(g) In addition to the rights specified in section 27 -65-119 for persons receiving evaluation,
care, or treatment, a written notice specifying the rights of minor children under this section must
be given to each minor upon admission to hospitalization.
(7) A minor who no longer meets the standards for hospitalization specified in subsection (2)
of this section must be discharged.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3176, § 1,
effective August 10. L. 2026: IP(6)(d)(I) amended, (SB 26 -149), ch. 142, p. 729, § 4, effective
May 21.
Editor's note: The provisions of this section are similar to several former provisions of § 27 -
65-103 as they existed prior to 2022. For a detailed comparison, see the comparative tables
located in the back of the index.
ANNOTATION
Law reviews. For article, "Consent to
Treatment and Access to Minors' Medical
Records", see 17 Colo. Law. 1323 (1988).
27-65-105. Rights of respondents.
Unless specifically stated in an order by the court, a respondent does not forfeit any legal right
or suffer legal disability by reason of the provisions of this article 65.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3179, § 1,
effective August 10; (6) repealed, (HB 22-1256), ch. 451, p. 3240, § 56, effective August 10.
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Editor's note: (1) The provisions of this section are similar to § 27 -65-104 as it existed prior
to 2022.
(2) Subsection (6) was repealed in § 56 of HB 22 -1256, effective August 10, 2022. However,
those repeals were superseded by the amendment of this entire article by § 1 of HB 22 -1256,
effective August 10, 2022.
ANNOTATION
Law reviews. For article, "Legal Capacity
of Adjudged Incompetents", see 29 Dicta
292 (1952). For article, "Legal But Not Fair:
Legal Implications of a Mental Illness
Medical Model", see 11 Colo. Law. 1234
(1982).
Annotator's note. Since § 27 -65-105 is
similar to § 27 -65-104 as it existed prior to
the 2022 amendments to this article and to
laws antecedent to that section, relevant
cases construing those provisions have been
included in the annotations to this section.
Patient's common -law right to decline
medical treatment is among those
protected by this section and is preserved
intact in the absence of some finding that the
patient's illness has so impaired his
judgment that he is incapable of
participating in decisions affecting his
health. Goedecke v. State Dept. of Insts.,
198 Colo. 407, 603 P.2d 123 (1979).
Right of incompetent to decline
treatment. The right to decline medical
treatment is not lost to a patient who is
mentally incapable of deciding that question
for himself. People in Interest of Medina,
662 P.2d 184 (Colo. App. 1982), aff'd, 705
P.2d 961 (Colo. 1985).
When nonconsensual treatment may be
ordered. Treatment with antipsychotic
medication should not be ordered unless: (1)
The patient is incompetent to effectively
participate in the treatment decision; (2)
such treatment is necessary to prevent long -
term deterioration in the patient's mental
condition; (3) a less intrusive treatment is
not available; and (4) the patient's need for
such treatment overrides any legitimate
interest of the patient in refusing treatment.
In any event, and the order for involuntary
medication cannot exceed six months
without further extension. People v. Medina,
705 P.2d 961 (Colo. 1985).
A court may authorize the
administration of a backup medication
only when the petitioner presents clear and
convincing evidence, and the court finds a
specific articulable concern, that the
involuntary administration of the primary
medication will be ineffective if the patient
experiences a recurrence of a condition or
symptoms that previously required
administration of the backup medication.
People in Interest of D.N.W., 2024 COA
129, 564 P.3d 1126.
Medina test for forcibly administering
medication applies equally to a forcible
increase in medication dosage. The second
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Medina element requires a patient to be
deteriorating, which does not mean the same
thing as "not improving". A patient who is
simply not improving will not satisfy the
Medina test for forcible administration of
medication. People v. Marquardt, 2016 CO
4, 364 P.3d 499.
The fourth factor dictated in Medina
was met when the court reduced dosage
of antipsychotic medication to minimize
side effects suffered by plaintiff. Clear and
convincing evidence existed that the need
for the drug, as ordered to be administered
by the trial court, outweighed all legitimate
interests the petitioner had in refusing such
treatment. Donaldson v. District Court for
the City and County of Denver, 847 P.2d
632 (Colo. 1993).
For capacity of incompetent to contract
and to execute deeds, see Rohrer v. Darrow,
66 Colo. 463, 182 P. 13 (1919); Davis v.
Colo. Kenworth Corp., 156 Colo. 98, 396
P.2d 958 (1964).
Applied in People in Interest of Freeman,
636 P.2d 1334 (Colo. App. 1981).
27-65-106. Emergency mental health hold - screening - court-ordered evaluation -
discharge instructions - respondent's rights.
(1) An emergency mental health hold may be initiated under one of the following conditions:
(a) (I) When a certified peace officer has probable cause to believe a person has a mental
health disorder and, as a result of the mental health disorder, is an imminent danger to the
person's self, an imminent danger to others, or gravely disabled, the certified peace officer may
take the person into protective custody and transport the person to a facility designated by the
commissioner for an emergency mental health hold. If a facility is not available, the certified
peace officer may transport the person to an emergency medical services facility. The certified
peace officer may request assistance from a behavioral health crisis response team for assistance
in detaining and transporting the person or an emergency medical services provider in
transporting the person; or
(II) When an intervening professional reasonably believes that a person appears to have a
mental health disorder and, as a result of the mental health disorder, appears to be an imminent
danger to the person's self, an imminent danger to others, or gravely disabled, the intervening
professional may cause the person to be taken into protective custody and transported to a
facility designated by the commissioner for an emergency mental health hold. If a facility is not
available, the certified peace officer may transport the person to an emergency medical services
facility. The intervening professional may request assistance from a certified peace officer, a
secure transportation provider, or a behavioral health crisis response team for assistance in
detaining and transporting the person, or assistance from an emergency medical services provider
in transporting the person.
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(b) (I) When a person petitions the court in the county in which the respondent resides or is
physically present requesting an evaluation of the respondent's condition and alleging that the
respondent appears to have a mental health disorder and, as a result of the mental health disorder,
appears to be a danger to the respondent's self, a danger to others, or gravely disabled.
(II) Any person who files a malicious or false petition for an evaluation of a respondent
pursuant to this section is subject to criminal prosecution.
(2) (a) When a person is taken into custody pursuant to subsection (1) of this section, the
person must not be detained in a jail, lockup, or other place used for the confinement of persons
charged with or convicted of penal offenses. Unless otherwise required by law, a certified peace
officer may transport the person to an emergency medical services facility or facility designated
by the commissioner for an emergency mental health hold even if a warrant has been issued for
the person's arrest if the certified peace officer believes it is in the best interest of the person. The
person must not be held on an emergency mental health hold for longer than seventy -two hours
after the hold is placed or ordered. Nothing in this section prohibits an emergency medical
services facility from involuntarily holding the person in order to stabilize the person as required
pursuant to the federal "Emergency Medical Treatment and Labor Act", 42 U.S.C. sec. 1395dd,
or if the treating professional determines that the person's physical or mental health disorder
impairs the person's ability to make an informed decision to refuse care and the provider
determines that further care is indicated.
(b) This section does not preclude:
(I) A court from ordering an evaluation at the jail when the person is lawfully confined in jail
because the person is charged with or convicted of a penal offense; or
(II) A person or entity that has care and custody of a detained person from transporting the
detained person to an emergency medical services facility or facility designated by the
commissioner for an emergency mental health hold.
(3) When a person is placed on an emergency mental health hold pursuant to subsection (1)
of this section and is presented to an emergency medical services facility or a facility designated
by the commissioner for an emergency mental health hold, the facility shall require a BHA -
approved application in writing, stating the circumstances under which the person's condition
was called to the attention of the intervening professional or certified peace officer and further
stating sufficient facts, obtained f rom the intervening professional's or certified peace officer's
personal observations or obtained from others whom the intervening professional or certified
peace officer reasonably believes to be reliable, to establish that the person has a mental health
disorder and, as a result of the mental health disorder, is an imminent danger to the person's self,
a danger to others, or gravely disabled. The application must indicate when the person was taken
into custody and who brought the person's condition to the attention of the intervening
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professional or certified peace officer. A copy of the application must be furnished to the person
being evaluated, and the application must be retained in accordance with section 27-65-123 (4).
(4) (a) The petition for a court -ordered evaluation filed pursuant to subsection (1)(b) of this
section must contain the following:
(I) The name and address of the petitioner and the petitioner's interest in the case;
(II) The name of the respondent for whom evaluation is sought, and, if known to the
petitioner, the address, age, gender, marital status, occupation, and any animals or dependent
children in the respondent's care;
(III) Allegations of fact indicating that the respondent may have a mental health disorder and,
as a result of the mental health disorder, may be a danger to the respondent's self, a danger to
others, or gravely disabled and showing reasonable grounds to warrant an evaluation;
(IV) The name and address of every person known or believed by the petitioner to be legally
responsible for the care, support, and maintenance of the respondent, if available; and
(V) The name, address, and telephone number of the attorney, if any, who has most recently
represented the respondent.
(a.5) The petition for a court -ordered evaluation filed pursuant to subsection (1)(b) of this
section may contain the respondent's history of emergency mental health holds invoked pursuant
to this section, certifications for short-term treatment or long-term care and treatment, findings of
incompetency to proceed pursuant to article 8 or 8.5 of title 16, and inpatient psychiatric
hospitalizations, and a statement whether the petitioner believes the respondent has a persistent
mental health disorder. In determining whether probable cause exists to order an evaluation, the
court shall consider any history of emergency mental health holds invoked pursuant to this
section, certifications for short -term treatment or long -term care and treatment, findings of
incompetency to proceed pursuant to article 8 or 8.5 of title 16, and inpatient psychiatric
hospitalizations, and whether the respondent may qualify as having a persistent mental health
disorder.
(b) Upon receipt of a petition satisfying the requirements of subsection (4)(a) of this section,
if the court is not satisfied that probable cause exists to issue an order for an evaluation, the court
shall identify a facility designated by the commissioner, an intervening professional, or a
certified peace officer to provide screening of the respondent to determine whether probable
cause exists to believe the allegations.
(c) Following the screening described in subsection (4)(b) of this section, the facility,
intervening professional, or certified peace officer designated by the court shall file a report with
the court and may initiate an emergency mental health hold at the time of screening. The report
must include a recommendation as to whether probable cause exists to believe that the
respondent has a mental health disorder and, as a result of the mental health disorder, is a danger
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to the respondent's self, a danger to others, or gravely disabled, and whether the respondent will
voluntarily receive evaluation or treatment. The screening report submitted to the court pursuant
to this subsection (4)(c) is confidential in accordance with section 27 -65-123 and must be
furnished to the respondent or the respondent's attorney or personal representative.
(d) Whenever it appears, by petition and screening pursuant to this section, to the satisfaction
of the court that probable cause exists to believe that the respondent has a mental health disorder
and, as a result of the mental health disorder, is a danger to the respondent's self, a danger to
others, or gravely disabled, and that efforts have been made to secure the cooperation of the
respondent but the respondent has refused or failed to accept an evaluation voluntarily, the court
shall issue an order for an evaluation authorizing a certified peace officer or secure transportation
provider to take the respondent into custody and transport the respondent to a facility designated
by the commissioner for an emergency mental health hold. At the time the respondent is taken
into custody, a copy of the petition and the order for an evaluation must be given to the
respondent and promptly thereafter to the one lay person designated by the respondent and to the
person in charge of the facility named in the order or the respondent's designee. If the respondent
refuses to accept a copy of the petition and the order for an evaluation, the refusal must be
documented in the petition and the order for the evaluation.
(5) When a person is transported to an emergency medical services facility or a facility
designated by the commissioner, the facility may detain the person under an emergency mental
health hold for evaluation for a period not to exceed seventy -two hours from the time the
emergency mental health hold was placed or ordered. Nothing in this section prohibits an
emergency medical services facility from involuntarily holding the person in order to stabilize
the person as required pursuant to the federal "Emergency Medical Treatment and Labor Act", 42
U.S.C. sec. 1395dd, or if the treating professional determines that the individual's physical or
mental health disorder impairs the person's ability to make an informed decision to refuse care
and the provider determines that further care is indicated. If, in the opinion of the person in
charge of the evaluation, the person can be properly cared for without being detained, the person
shall be provided services on a voluntary basis. If the person in charge of the evaluation
determines the person should be released, the person in charge of the evaluation may terminate
the emergency mental health hold.
(6) (a) Each person detained for an emergency mental health hold pursuant to this section
shall receive an evaluation as soon as possible after the person presents to the facility, or as soon
as possible where the person is confined for a criminal charge if the person is already lawfully
confined in jail, and shall receive such treatment and care as the person's condition requires for
the full period that the person is held. The evaluation must include an assessment to determine if
the person continues to meet the criteria for an emergency mental health hold and requires
further mental health care in a facility designated by the commissioner. The evaluation must state
whether the person should be released, referred for further care and treatment on a voluntary
basis, or certified for short-term treatment pursuant to section 27-65-109.
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(b) Each evaluation must be completed using a standardized form approved by the
commissioner and may be completed by a professional person; a licensed advanced practice
registered nurse with training in psychiatric nursing; or a licensed physician assistant, a licensed
clinical social worker, a licensed professional counselor, or a licensed marriage and family
therapist who has two years of experience in behavioral health safety and risk assessment
working in a health-care setting.
(c) If the person conducting an evaluation pursuant to subsection (6)(a) of this section is not
a professional person and the evaluating person recommends the detained person be certified for
short-term treatment pursuant to section 27-65-109, the evaluating person shall notify the facility
of the recommendation. A certification may only be initiated by a professional person.
(7) (a) If a person is evaluated at an emergency medical services facility and the evaluating
professional determines that the person continues to meet the criteria for an emergency mental
health hold pursuant to subsection (1) of this section, the emergency medical services facility
shall immediately notify the BHA if the facility cannot locate appropriate placement. Once
notified, the BHA shall support the emergency medical services facility in locating an
appropriate placement option on an inpatient or outpatient basis, whichever is clinically
appropriate.
(a.5) A person who is lawfully confined for a criminal charge in jail may be placed only in a
secure placement or may be cared for in the person's place of confinement while the person is
lawfully detained. If a person placed under an emergency mental health hold is released from
confinement, the person or entity responsible for the person's confinement shall coordinate with
the BHA to transfer the person to an emergency medical services facility or a facility designated
by the commissioner for an emergency mental health hold.
(b) If an appropriate placement option cannot be located pursuant to subsection (7)(a) of this
section and the person continues to meet the criteria for an emergency mental health hold
pursuant to subsection (1) of this section and the person has been medically stabilized, the
emergency medical services facility may place the person under a subsequent emergency mental
health hold. If the facility places the person under a subsequent emergency mental health hold,
the facility shall immediately notify the BHA, the person's lay person, and the court, and the
court shall immediately appoint an attorney to represent the person. The facility may notify the
court where the person resides by mail. Once the court is notified, the emergency medical
services facility is not required to take any further action to provide the person with an attorney
unless specified in subsection (10) of this section. The emergency medical services facility shall
notify the BHA after each emergency mental health hold is placed. The BHA is responsible for
actively assisting the facility in locating appropriate placement for the person. If the person has
been recently transferred from an emergency medical services facility to a facility designated by
the commissioner and the designated facility is able to demonstrate that the facility is unable to
complete the evaluation before the initial emergency mental health hold is set to expire, the
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designated facility may place the person under a subsequent emergency mental health hold and
shall immediately notify the BHA and lay person.
(c) The BHA shall maintain data on the characteristics of each person placed on a subsequent
emergency mental health hold pursuant to subsection (7)(b) of this section. The BHA may
contract with entities coordinating care or with providers serving within the safety net system
developed pursuant to section 27-63-105 to meet the requirements of this subsection (7).
(d) A hospital that is subject to the federal "Emergency Medical Treatment and Labor Act",
42 U.S.C. sec. 1395dd, shall only discharge a person placed on an emergency mental health hold
if the person no longer meets the criteria for an emergency mental health hold; except that a
hospital may transfer the person to another hospital if the hospital is unable to provide the
appropriate medical or behavioral health care to the person and the receiving hospital agrees to
the transfer.
(8) (a) The facility shall provide each person detained for an emergency mental health hold
discharge instructions. The discharge instructions must be completed for every person, regardless
of the person's discharge status, before the person is released. If the detained person refuses to
accept the discharge instructions, the refusal must be documented in the person's medical record.
At a minimum, the discharge instructions must include:
(I) A summary of why the person was detained or evaluated for an emergency mental health
hold; detailed information as to why the evaluating professional determined the person no longer
meets the criteria for an emergency mental health hold or certification pursuant to section 27 -65-
109; and whether the person may receive services on a voluntary basis pursuant to subsection (6)
of this section;
(II) If the person's medications were changed or the person was newly prescribed
medications during the emergency mental health hold, a clinically appropriate supply of
medications, as determined by the judgment of a licensed health -care provider, for the person
until the person can access another provider or follow-up appointment;
(III) A safety plan for the person and, if applicable, the person's lay person where indicated
by the person's mental health disorder or mental or emotional state;
(IV) Notification to the person's primary care provider, if applicable;
(V) A referral to appropriate services, if such services exist in the community, if the person is
discharged without food, housing, or economic security. Any referrals and linkages must be
documented in the person's medical record.
(VI) Information on the 988 crisis hotline operated pursuant to section 27 -64-103 and
information on the availability of peer support services;
(VII) Information on how to establish a psychiatric advance directive if one is not presented;
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(VIII) Medications that were changed during the emergency mental health hold, including
any medications that the person was taking or that were previously prescribed upon admission,
and which medications, if any, were changed or discontinued at the time of discharge;
(IX) A list of any screening or diagnostic tests conducted during the emergency mental
health hold, if requested;
(X) A summary of therapeutic treatments provided during the emergency mental health hold,
if requested;
(XI) Any laboratory work, including blood samples or imaging that was completed or
attempted, if requested;
(XII) The person's vital signs upon discharge from the emergency mental health hold, if
requested;
(XIII) A copy of any psychiatric advance directive presented to the facility, if applicable; and
(XIV) How to contact the discharging facility if needed.
(b) The facility shall document in the person's medical record whether the person accepted
the discharge instructions. The facility shall provide the discharge instructions to the person's
parent or legal guardian if the person is under eighteen years of age, and to the person's lay
person, when possible.
(c) Upon discharge, the facility shall discuss with the person, the person's parent or legal
guardian, or the person's lay person the statewide care coordination infrastructure established in
section 27 -60-204 to facilitate a follow -up appointment for the person within seven calendar
days after the discharge. Facilities shall comply with this subsection (8)(c) when the statewide
care coordination infrastructure created in section 27 -60-204 is fully operational, as determined
by the BHA. The BHA shall immediately notify facilities when the statewide care coordination
infrastructure is available to assist persons with discharge.
(d) (I) The facility shall, at a minimum, attempt to follow up with the person, the person's
parent or legal guardian, or the person's lay person within seventy -two hours after discharge,
excluding weekends and holidays. The facility is encouraged to utilize peer support
professionals, as defined in section 27 -60-108 (2)(b), when performing follow -up care with
individuals and in developing a continuing care plan pursuant to subsection (8)(a)(I) of this
section. The facility may facilitate follow -up care through contracts with community -based
behavioral health providers or the 988 crisis hotline operated pursuant to section 27 -64-103. If
the facility facilitates follow -up care through a third -party contract, the facility shall obtain
authorization from the person to provide follow-up care.
(II) If the person is enrolled in medicaid, the facility is not required to meet the requirements
of this subsection (8)(d) and instead, the facility shall notify the person's relevant managed care
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entity, as defined in section 25.5-5-403, of the person's discharge and need for ongoing follow-up
care prior to the person's discharge.
(III) If the facility contracts with a safety net provider, as defined in section 27 -50-101, to
provide behavioral health services to a person on or following an emergency mental health hold,
the facility shall work with the safety net provider in order to meet the requirements of this
subsection (8)(d).
(e) The facility shall encourage the person to designate a family member, friend, or other
person as a lay person to participate in the person's discharge planning and shall notify the person
that the person is able to rescind the authorization of a lay person at any time. If the person
designates a lay person and has provided necessary authorization, the facility shall attempt to
involve the lay person in the person's discharge planning. The facility shall notify the lay person
that the person is being discharged or transferred.
(9) (a) On or before July 1, 2024, and each July 1 thereafter, each emergency medical
services facility that has evaluated a person pursuant to this section shall provide an annual
report to the BHA that includes only disaggregated and nonidentifying information concerning
persons who were treated at an emergency medical services facility pursuant to this section. The
report must comply with section 24 -1-136 (9) and is exempt from section 24 -1-136 (11)(a)(I).
The report must contain the following:
(I) The names and counties of the facilities;
(II) The total number of persons treated pursuant to this section, including a summary of
demographic information;
(III) A summary regarding the different reasons for which persons were treated pursuant to
this section; and
(IV) A summary of the disposition of persons transferred to a designated facility.
(b) (I) Any information disaggregated and provided to the BHA pursuant to this subsection
(9) is privileged and confidential. Such information must not be made available to the public
except in an aggregate format that cannot be used to identify an individual facility. The
information is not subject to civil subpoena and is not discoverable or admissible in any civil,
criminal, or administrative proceeding against an emergency medical services facility or health -
care professional. The information must be used only to assess statewide behavioral health
services needs and to plan for sufficient levels of statewide behavioral health services. In
collecting the data pursuant to the requirements of this subsection (9), the BHA shall protect the
confidentiality of patient records, in accordance with state and federal laws, and shall not
disclose any public identifying or proprietary information of any hospital, hospital administrator,
health-care professional, or employee of a health-care facility.
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(II) Subsection (9)(b)(I) of this section does not apply to information that is otherwise
available from a source outside of the data collection activities required pursuant to subsection
(9)(a) of this section.
(10) (a) A person detained for an emergency mental health hold pursuant to this section has
the following rights:
(I) To be told the reason for the person's detainment and the limitations of the person's
detainment, including a description of the person's right to refuse medication, unless the person
requires emergency medications, and that the detainment does not mean all treatment during
detainment is mandatory;
(II) To request a change to voluntary status;
(III) To be treated fairly, with respect and recognition of the person's dignity and
individuality, by all employees of the facility with whom the person comes in contact;
(IV) To not be discriminated against on the basis of age, race, ethnicity, religion, culture,
spoken language, physical or mental disability, socioeconomic status, sex, sexual orientation,
gender identity, or gender expression;
(V) To retain and consult with an attorney at any time; except that, unless specified in
subsection (7)(b) of this section, the facility is not required to retain an attorney on behalf of the
person but must allow the person to contact an attorney;
(VI) To continue the practice of religion;
(VII) Within twenty-four hours after the person's request, to see and receive the services of a
patient representative who has no direct or indirect clinical, administrative, or financial
responsibility for the person;
(VIII) To have reasonable access to telephones or other communication devices and to make
and to receive calls or communications in private. Facility staff shall not open, delay, intercept,
read, or censor mail or other communications or use mail or other communications as a method
to enforce compliance with facility staff.
(IX) To wear the person's own clothes, keep and use the person's own personal possessions,
and keep and be allowed to spend a reasonable sum of the person's own money. A facility may
temporarily restrict a person's access to personal clothing or personal possessions, until a safety
assessment is completed. If the facility restricts a person's access to personal clothing or personal
possessions, the facility shall have a discussion with the person about why the person's personal
clothing or personal posse ssions are being restricted. A licensed medical professional or a
licensed behavioral health professional shall conduct a safety assessment as soon as possible.
The licensed professional shall document in the person's medical record the specific reasons why
it is not safe for the person to possess the person's personal clothing or personal possessions. The
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facility shall periodically conduct additional safety assessments to determine whether the person
may possess the person's personal clothing or personal possessions, with the goal of restoring the
person's rights established pursuant to this section.
(X) To keep and use the person's cell phone, unless access to the cell phone causes the
person to destabilize or creates a danger to the person's self or others, as determined by a
provider, facility staff member, or security personnel involved in the person's care;
(XI) To have the person's information and records disclosed to family members and a lay
person pursuant to section 27-65-123;
(XII) To have the person's treatment records remain confidential, except as required by law;
(XIII) To not be fingerprinted, unless required by law;
(XIV) To not be photographed, except upon admission for identification and administrative
purposes. Any photographs must be confidential and must not be released by the facility except
pursuant to a court order. Nonmedical photographs must not be taken or used without appropriate
consent or authorization.
(XV) To have appropriate access to adequate water, hygiene products, and food and to have
the person's nutritional needs met in a manner that is consistent with recognized dietary
practices;
(XVI) To have personal privacy to the extent possible during the course of treatment; and
(XVII) To have the ability to meet with visitors in accordance with the facility's current
visitor guidelines.
(b) A person's rights pursuant to this subsection (10) may only be denied if access to the
item, program, or service causes the person to destabilize or creates a danger to the person's self
or a danger to others, as determined by a licensed provider involved in the person's care. Denial
of any right must be entered into the person's treatment record and must be made available, upon
request, to the person, the person's legal guardian, or the person's attorney.
(c) A facility shall not intentionally retaliate or discriminate against a detained person or
employee for contacting or providing information to any official or to an employee of any state
protection and advocacy agency or for initiating, participating in, or testifying in a grievance
procedure or in an action for any remedy authorized pursuant to this section. Any facility that
violates this subsection (10) commits an unclassified misdemeanor and shall be fined not more
than one thousand dollars.
(d) Any person whose rights are denied or violated pursuant to this section has the right to
file a complaint against the facility with the behavioral health administration and the department
of public health and environment.
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(e) Notwithstanding subsection (10)(b) of this section, a person's rights pursuant to this
subsection (10) may be restricted in any manner allowed by law if the person is lawfully
confined for a criminal charge in jail.
Source: L. 2022: (4)(b) and (4)(d) amended, (HB 22 -1278), ch. 222, p. 1539, § 116, effective
July 1; (1)(a), (1)(b), (3), IP(9)(a), and (9)(b) amended, (HB 22 -1278), ch. 222, p. 1537, § 115,
effective July 1; Entire article amended with relocations, (HB 22 -1256), ch. 451, p. 3179, § 1,
effective August 10; (1), (7), (8), (9), and (10) repealed, (HB 22 -1256), ch. 451, p. 3240, § 56,
effective August 10; Entire section amended, (HB 22 -1256), ch. 451, p. 3207, § 2, effective July
1, 2023. L. 2023: IP(9)(a) amended, (HB 23-1236), ch. 206, p. 1065, § 36, effective May 16. L.
2025: (8)(a)(VI) and (8)(d)(I) amended, (SB 25-236), ch. 140, p. 531, § 6, effective July 1; (6)(a)
amended and (7)(d) added, (SB 25 -042), ch. 28, p. 159, § 4, effective August 6. L. 2026: IP(1),
(1)(a), (1)(b)(I), (2), (3), (4)(a)(III), (4)(c), (4)(d), (6)(a), (8)(d)(I), and (10)(b) amended and
(4)(a.5), (7)(a.5), and (10)(e) added, (SB 26-149), ch. 142, p. 729, § 5, effective May 21; (8)(d)(I)
amended, (HB 26-1116), ch. 377, p. 2344, § 1, effective August 12.
Editor's note: (1) The provisions of this section are similar to several former provisions of §§
27-65-105 and 27 -65-106 as they existed prior to 2022. For a detailed comparison, see the
comparative tables located in the back of the index.
(2) Subsection (1)(a) was numbered as § 27 -65-105 (1)(a)(I) in HB 22 -1278 (see L. 2022, p.
1537). That provision was harmonized with subsection (1)(a) of this section as it appears in HB
22-1256.
(3) Subsection (1)(a)(I.5) was amended in HB 22 -1278. Those amendments were superseded
by the repeal of subsection (1)(a)(I.5) in HB 22-1256.
(4) Subsection (1)(b) was numbered as § 27 -65-105 (1)(b) in HB 22 -1278 (see L. 2022, p.
1538). That provision was harmonized with subsection (1)(b) of this section as it appears in HB
22-1256.
(5) Subsection (1)(c) was amended in HB 22 -1278. Those amendments were superseded by
the repeal of subsection (1)(c) in HB 22-1256.
(6) Subsection (3) was numbered as § 27 -65-105 (3) in HB 22 -1278 (see L. 2022, p. 1538).
That provision was harmonized with subsection (3) of this section as it appears in HB 22-1256.
(7) Subsection (4)(b) was numbered as § 27 -65-106 (4) in HB 22-1278 (see L. 2022, p. 1539).
That provision was harmonized with subsection (4)(b) of this section as it appears in HB 22 -
1256.
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(8) Subsection (4)(d) was numbered as § 27 -65-106 (6) in HB 22-1278 (see L. 2022, p. 1539).
That provision was harmonized with subsection (4)(d) of this section as it appears in HB 22 -
1256.
(9) Subsection IP(9)(a) was numbered as § 27 -65-105 IP(7)(a) in HB 22-1278 (see L. 2022, p.
1539). That provision was harmonized with subsection IP(9)(a) of this section as it appears in
HB 22-1256.
(10) Subsection (9)(b) was numbered as § 27 -65-105 (7)(b)(I) in HB 22 -1278 (see L. 2022, p.
1539). That provision was harmonized with subsection (9)(b) of this section as it appears in HB
22-1256.
(11) Subsections (1), (7), (8), (9), and (10) were repealed in § 56 of HB 22 -1256, effective
August 10, 2022. However, those repeals were superseded by the amendment of this entire
article by § 1 of HB 22-1256, effective August 10, 2022.
(12) Amendments to subsection (8)(d)(I) by SB 26-149 and HB 26-1116 were harmonized.
Cross references: For rights of persons under arrest, see part 4 of article 3 of title 16.
ANNOTATION
Law reviews. For article, "Commitment
Procedures in Colorado", see 29 Dicta 273
(1952). For article, "One Year Review of
Civil Procedure and Appeals", see 38 Dicta
133 (1961). For article, "One Year Review
of Torts", see 38 Dicta 93 (1961). For
article, "Patients' Rights vs. Patients' Needs:
The Right of the Mentally Ill to Refuse
Treatment in Colorado", see 58 Den. L.J.
567 (1981). For article, "New Legislation
Concerning the Mentally Disabled", see 11
Colo. Law. 2131 (1982). For article, "The
Clinton Mental Health Case — A Civil
Procedure Lesson", see 19 Colo. Law. 1809
(1990). For article, "Clinton Redux: A
Mental Health and Technical Defense
Follow-up", see 22 Colo. Law. 2389 (1993).
For article, "How to Reconcile Advance
Care Directives With Attempted Suicide",
see 42 Colo. Law. 97 (July 2013).
Annotator's note. Since § 27 -65-106 is
similar to § 27 -65-105 and § 27 -65-106 as
they existed prior to the 2022 amendments
to this article and to laws antecedent to those
sections, relevant cases construing those
provisions have been included in the
annotations to this section.
For constitutional considerations, see
Barber v. People, 127 Colo. 90, 254 P.2d
431 (1953).
Due process considerations do not
require an in -person evaluation by an
intervening professional prior to
placement on an involuntary hold. Tracz
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v. Centennial Peaks, 9 P.3d 1168 (Colo. App.
2000).
Purpose of section. This section was
designed to protect the mentally ill person
from himself. Kendall v. People, 126 Colo.
573, 252 P.2d 91 (1952).
Article necessitates strict compliance.
In situations involving involuntary
confinement, strict compliance with this
article is a necessity. People in Interest of
Henderson, 44 Colo. App. 102, 610 P.2d
1350 (1980).
For requirement of strict compliance with
statutory procedure, see Hultquist v. People,
77 Colo. 310, 236 P. 995 (1925); Okerberg
v. People, 119 Colo. 529, 205 P.2d 224
(1949); Kendall v. People, 126 Colo. 573,
252 P.2d 91 (1952); Barber v. People, 127
Colo. 90, 254 P.2d 431 (1953); Rickey v.
People, 129 Colo. 174, 267 P.2d 1021
(1954).
For specificity of required report, see
Kendall v. People, 126 Colo. 573, 252 P.2d
91 (1952).
A proceeding under this article is not a
criminal action. Kendall v. People, 126
Colo. 573, 252 P.2d 91 (1952).
Proceeding has nonadversarial nature.
An inquiry into the mental capacity of a
person is a statutory proceeding of a
nonadversary nature. Young v. Colo. Nat'l
Bank, 148 Colo. 104, 365 P.2d 701 (1961).
Findings of screening facility or
professional person are not binding upon
the court. In re People in Interest of Hill, 118
Colo. 571, 198 P.2d 450 (1948).
An adverse finding in mental illness
may bear grave consequences in that the
person may be denied his liberty and
incapacitated to contract, and while it does
not necessarily bring his name or reputation
into disrepute, it is, nevertheless, a blot on
his life and those he might have brought into
being. Kendall v. People, 126 Colo. 573, 252
P.2d 91 (1952).
Procedure provisions of the Colorado
rules of civil procedure are not applicable
to mental illness proceedings. Hultquist v.
People, 77 Colo. 310, 236 P. 995 (1925).
Use of this emergency procedure is not
limited to patients who decline voluntary
treatment. People in Interest of Paiz, 43
Colo. App. 352, 603 P.2d 976 (1979).
"Probable cause" should not be
measured by yardstick of legal
technicality, but by the factual and practical
considerations upon which a reasonable
physician acts. People in Interest of Paiz, 43
Colo. App. 352, 603 P.2d 976 (1979).
Reversible error occurred under
subsection (1)(a) where jury instruction
included neither the element of "probable
cause" nor a definition of "gravely disabled"
even though prosecution relied upon that
provision as the basis for taking defendant
into custody. People v. Marquez -Lopez, 952
P.2d 788 (Colo. App. 1997).
Emergency medical personnel has no
duty to make an independent
determination as to whether the intervening
professional had probable cause to institute
the hold -and-treat procedure. Tracz v.
Centennial Peaks, 9 P.3d 1168 (Colo. App.
2000).
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Subsection (1)(b) does not require prior
judicial testing before one who has been a
voluntarily committed outpatient can be
taken into custody. People in Interest of
Henderson, 610 P.2d 1350 (Colo. App.
1980).
Contrary to patient's claim, no court
hearing or 24 -hour notice is required to
take mentally ill person into custody
under this section. Nor does this section
specify that the patient must designate or
approve of the treatment facility to which he
is committed. Ketchum v. Cruz, 775 F.
Supp. 1399 (D. Colo. 1991).
Voluntary treatment program not
terminated when patient taken into
custody and then returned to hospital.
Where voluntarily committed outpatient was
off the hospital premises and was taken into
custody by the police and then returned to
the hospital, this did not, as a matter of law,
terminate his voluntary treatment program.
People in Interest of Henderson, 610 P.2d
1350 (Colo. App. 1980).
When a county court judge initiates a
72-hour hold, the result is a defect of
process depriving the court of subject
matter jurisdiction. People In Interest of
Lloyd-Pellman, 844 P.2d 1309 (Colo. App.
1992).
A subsequent certification during the
72-hour hold period does not cure the
defect. People In Interest of Lloyd -Pellman,
844 P.2d 1309 (Colo. App. 1992).
Violation of this section, while relevant
to claim for malpractice, cannot, by
definition, create a claim based on
negligence per se. Bauer v. Sw. Denver
Mental Health Ctr., 701 P.2d 114 (Colo.
App. 1985).
Private hospital and privately
employed doctor and nurse were not
"state actors" who could be held liable for
a constitutional violation under 42 U.S.C. §
1983. Wittner v. Banner Health, 720 F.3d
770 (10th Cir. 2013).
This section's grant of authority for a
short-term involuntary hold in a private
hospital does not pass the nexus/compulsion
test for turning the private action of the
hospital or the certifying doctor into state
action. Wittner v. Banner Health, 720 F.3d
770 (10th Cir. 2013).
Involuntary commitment of the mentally
ill is not a public function, that is, a
traditional and exclusive function of the
state, and thus state action. Wittner v.
Banner Health, 720 F.3d 770 (10th Cir.
2013).
Private actor not transformed into a state
actor under a joint action test. Allowing a
hospital to hold a patient does not make the
state responsible for a doctor's decision to
medicate the patient, depriving the patient of
constitutional rights. Wittner v. Banner
Health, 720 F.3d 770 (10th Cir. 2013).
State's relationship with a private actor is
no more than the mere private purchase of
contract services. Public-private relationship
did not transcend that of mere client and
contractor because the private and public
actors did not commingle their
responsibilities. The state lacked the
authority to unilaterally place patients at the
hospital; it merely authorized the hospital to
accept patients if it so chose. Wittner v.
Colorado Revised Statutes 2026
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Banner Health, 720 F.3d 770 (10th Cir.
2013).
Applied in People v. Lane, 196 Colo. 42,
581 P.2d 719 (1978); People in Interest of
Paiz, 43 Colo. App. 352, 603 P.2d 976
(1979); People v. Chavez, 629 P.2d 1040
(Colo. 1981); Brown v. Jensen, 572 F. Supp.
193 (D. Colo. 1983); People in Interest of
Schmidt, 720 P.2d 629 (Colo. App. 1986);
Asten v. City of Boulder, 652 F. Supp. 2d
1188 (D. Colo. 2009).
27-65-107. Emergency transportation - application - screening - respondent's rights.
(1) (a) If a certified peace officer or emergency medical services provider has probable cause
to believe a person is experiencing a behavioral health crisis and, without professional
intervention, may be a danger to the person's self, a danger to others, or gravely disabled, the
certified peace officer or emergency medical services provider may take the person into
protective custody and transport the person to an outpatient mental health facility or a facility
designated by the commissioner for an emergency mental health hold or other clinically
appropriate facility designated by the commissioner. If a facility is not available, the person may
be taken to an emergency medical services facility.
(b) A person may not be transported pursuant to this subsection (1) if an intervening
professional has assessed the person during the same emergency event and determined the person
does not meet the criteria for an emergency mental health hold pursuant to section 27-65-106.
(c) If a behavioral health crisis response team is known to be available in a timely manner,
the certified peace officer or emergency medical services provider shall access the behavioral
health crisis response team prior to involuntarily transporting a person pursuant to this subsection
(1).
(2) When a person is transported against the person's will pursuant to subsection (1) of this
section, the facility shall require an application, in writing, stating the circumstances under which
the person's condition was called to the attention of the certified peace officer or emergency
medical services provider and further stating sufficient facts, obtained from personal
observations or obtained from others whom the certified peace officer or emergency medical
services provider reasonably believes to be reliable, to establish that the person is experiencing a
behavioral health crisis or is gravely disabled and, as a result, it is believed that without
professional intervention the person may be a danger to the person's self or a danger to others.
The application must indicate the name of the person and the time the person was transported. A
copy of the application must be furnished to the person being transported.
(3) (a) Once the person is presented to an outpatient mental health facility or facility
designated by the commissioner, an intervening professional shall screen the person immediately.
If an intervening professional is not immediately available, the person must be screened within
eight hours after the person's arrival at the facility to determine if the person meets criteria for an
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emergency mental health hold pursuant to section 27-65-106. Once the screening is complete and
if the person meets the criteria, the intervening professional shall first pursue voluntary treatment
and evaluation. If the person refuses or the intervening professional has reasonable grounds to
believe the person will not remain voluntarily, the intervening professional may place the person
under an emergency mental health hold pursuant to section 27-65-106.
(b) If a person detained pursuant to this section is transported to an emergency medical
services facility, the involuntary transportation hold expires upon the facility receiving the person
for screening by an intervening professional.
(4) (a) A person detained pursuant to this section has the following rights while being
detained, which must be explained to the person before being transported to a receiving facility:
(I) To not be detained under an emergency transportation hold pursuant to this section for
longer than fourteen hours, to not be transported for longer than six hours, and to receive a
screening within eight hours after being presented to the receiving facility. This subsection
(4)(a)(I) does not prohibit a facility from holding the person as authorized by state and federal
law, including the federal "Emergency Medical Treatment and Labor Act", 42 U.S.C. sec.
1395dd, or if the treating professional determines that the individual's physical or mental health
disorder impairs the person's ability to make an informed decision to refuse care and the provider
determines that further care is indicated.
(II) To request a phone call to an interested party prior to being transported. If the certified
peace officer or emergency medical services provider believes access to a phone poses a physical
danger to the person or someone else, the receiving facility shall make the call on the person's
behalf immediately upon arrival at the receiving facility.
(III) To wear the person's own clothes and keep and use personal possessions that the person
had in the person's possession at the time of detainment. A facility may temporarily restrict a
person's access to personal clothing or personal possessions until a safety assessment is
completed. If the facility restricts a person's access to personal clothing or personal possessions,
the facility shall have a discussion with the person about why the person's personal clothing or
personal possessions are being restricted. A licensed medical professional or a licensed
behavioral health professional shall conduct a safety assessment as soon as possible. The
licensed professional shall document in the person's medical record the specific reasons why it is
not safe for the person to possess the person's personal clothing or personal possessions.
(IV) To keep and use the person's cell phone, unless access to the cell phone causes the
person to destabilize or creates a danger to the person's self or a danger to others, as determined
by a provider, facility staff member, or security personnel involved in the person's care;
(V) To have appropriate access to adequate water and food, and to have the person's
nutritional needs met in a manner that is consistent with recognized dietary practices, to the
extent reasonably possible at the receiving facility;
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(VI) To be treated fairly, with respect and recognition of the person's dignity and
individuality; and
(VII) To file a grievance with the BHA, the department of public health and environment, or
the office of the ombudsman for behavioral health access to care established pursuant to part 3 of
article 80 of this title 27.
(b) A person's rights pursuant to subsection (4)(a) of this section may only be denied if
access to the item, program, or service causes the person to destabilize or creates a danger to the
person's self or a danger to others, as determined by a licensed provider involved in the person's
care or transportation. Denial of any right must be entered into the person's treatment record or
BHA-approved form. Information pertaining to a denial of rights contained in the person's
treatment record must be made available, upon request, to the person, the person's attorney, or
the person's lay person.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3183, § 1,
effective August 10. L. 2023: (3), IP(4)(a), and (4)(a)(V) amended, (HB 23 -1236), ch. 206, p.
1065, § 37, effective May 16. L. 2026: (1), (2), (4)(a)(IV), and (4)(b) amended, (SB 26 -149), ch.
142, p. 733, § 6, effective May 21.
27-65-108. Care coordination for persons certified or in need of ongoing treatment.
(1) A facility designated by the commissioner shall notify and engage the BHA prior to
terminating or transferring a person certified pursuant to section 27 -65-108.5, 27-65-109, 27-65-
109.5, 27-65-110, or 27-65-111. The BHA shall provide care coordination services to support a
person whose certification is terminated but who is in need of ongoing treatment and services.
(2) The BHA shall, directly or through a contract, provide care coordination services to a
person certified pursuant to section 27 -65-108.5, 27-65-109, 27-65-109.5, 27-65-110, or 27 -65-
111 and determined by the designated facility and the BHA to need care coordination services.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3185, § 1,
effective July 1, 2024. L. 2023: Entire section amended, (HB 23 -1138), ch. 423, p. 2490, § 13,
effective July 1, 2024. L. 2026: Entire section amended, (SB 26 -149), ch. 142, p. 734, § 7,
effective May 21.
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27-65-108.3. Criteria and standards for certification for short-term treatment and
certification for long-term care and treatment.
(1) A respondent may be certified for short -term treatment pursuant to section 27 -65-108.5,
27-65-109, or 27-65-109.5, or certified for long -term care and treatment pursuant to section 27 -
65-110, if:
(a) The respondent has been advised of the availability of, but has not accepted, voluntary
treatment or, with consideration of all reasonably available information, including the relevant
history of the respondent, there are reasonable grounds to believe that the respondent will not
remain in a voluntary treatment program; and
(b) The respondent, by clear and convincing evidence, has a mental health disorder and, as a
result of the mental health disorder, the respondent is a danger to the respondent's self, a danger
to others, or gravely disabled.
(2) When evaluating a person to determine whether the person meets the criteria pursuant to
subsection (1) of this section, the court, evaluator, or intervening professional shall take into
consideration:
(a) The person's statements and insights into the person's own mental health disorder;
(b) Clinical diagnosis and clinical perspective on the person's current mental state and
prognosis;
(c) The person's willingness to voluntarily seek and comply with a treatment plan in the
reasonably foreseeable future;
(d) Recent overt acts by the person to threaten, cause, or attempt to cause harm to the
person's self or others;
(e) Previous patterns of deterioration that resulted in the person's hospitalization, arrest, or
certification for short-term treatment;
(f) Whether the person was found in a condition where the person was not able to care for
the person's own basic needs in order to avoid the risk of serious physical harm; and
(g) The frequency, recency, and severity of the considerations described in subsections (2)(b)
to (2)(f) of this section and the likelihood that the conditions and events will reoccur without
involuntary treatment.
(3) When evaluating whether a person is a danger to the person's self or a danger to others, is
gravely disabled, or poses a substantial risk of serious harm to others, the court, evaluator,
professional person, or intervening professional shall, whenever possible, use all reasonable
efforts to learn about prior relevant behaviors and prior diagnoses through available and reliable
sources, including the person's prior medical and mental health records, police reports, and
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information from reliable individuals who have a relationship or regular substantial interactions
with the person.
(4) The court, evaluator, professional person, or intervening professional shall consider
whether the person has a history of emergency mental health holds invoked pursuant to section
27-65-106, certifications for short -term treatment or long -term care and treatment, findings of
incompetency to proceed pursuant to article 8 or 8.5 of title 16, and inpatient psychiatric
hospitalizations, and whether the person may qualify as having a persistent mental health
disorder.
(5) The court or professional person shall assess a person who is incarcerated or in inpatient
treatment as if the person were in the community when evaluating whether the person meets the
criteria pursuant to subsection (1) of this section.
Source: L. 2026: Entire section added, (SB 26-149), ch. 142, p. 734, § 8, effective May 21.
27-65-108.5. Court-ordered certification for short-term treatment for incompetent
defendants in a criminal matter - contents of petition - procedure to contest petition -
commitment to behavioral health administration - definition.
(1) Upon petition of a county attorney, an appointed legal guardian, the district attorney, an
intervening professional acting within the scope of their authority, a professional person, a
representative of the BHA, or a representative of CDHS, a court shall certify a person for short -
term treatment for not more than three months under the following conditions:
(a) The person is a respondent in a criminal matter in which the person has been found
incompetent to proceed;
(b) The court hearing the criminal matter referred the matter for filing of a petition pursuant
to section 16-8.5-117;
(c) The person has been advised of the availability of, but has not accepted, voluntary
treatment, or, if reasonable grounds exist to believe that the person will not remain in a voluntary
treatment program, the person's acceptance of voluntary treatment does not preclude
certification;
(d) The person meets the criteria for certification for short-term treatment pursuant to section
27-65-108.3 (1); and
(e) The person, the person's legal guardian, and the person's lay person, if applicable, have
been advised of the person's right to an attorney and to contest the certification for short -term
treatment.
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(2) The petition filed pursuant to subsection (1) of this section must:
(a) State sufficient facts to establish reasonable grounds that the respondent meets the criteria
for certification for short-term treatment pursuant to section 27-65-108.3 (1);
(b) Be accompanied by a report of the competency evaluator or professional person who has
evaluated the respondent within ninety -one days before submitting the petition, unless the
respondent whose certification is sought has refused to submit to an evaluation or the respondent
cannot be evaluated due to the respondent's condition;
(c) Be filed within fourteen days after the initiating party received the court order from the
criminal court initiating the process; and
(d) Provide recommendations if any certification should occur on an inpatient or outpatient
basis.
(2.1) The petition filed pursuant to subsection (1) of this section may contain the
respondent's history of emergency mental health holds invoked pursuant to section 27 -65-106,
certifications for short-term treatment or long-term care and treatment, findings of incompetency
to proceed pursuant to article 8 or 8.5 of title 16, and inpatient psychiatric hospitalizations, and a
statement as to whether the petitioner believes the respondent has a persistent mental health
disorder.
(2.5) (a) An emergency mental health hold ordered pursuant to section 27 -65-106 is not a
prerequisite to initiate a certification for short-term treatment pursuant to this section.
(b) A respondent is not required to be under the care of an appropriate provider who is
willing to hold a certification for short -term treatment in order to initiate a certification pursuant
to this section.
(3) Within twenty-four hours after certification, copies of the certification must be personally
delivered to the respondent, the BHA or CDHS, and any known provider or facility that has
custody of the respondent. The department shall retain a copy as part of the respondent's record.
If the criminal case is pending, or not yet dismissed, the petitioning party shall give notice of the
filing of the petition to the criminal court, and the court shall provide the notice to the
prosecuting and defense attorneys in the criminal case and any attorney appointed pursuant to
section 27-65-113.5. The court shall ask the respondent to designate one other person whom the
respondent wants to be informed regarding the petition. If the respondent is incapable of making
such a designation at the time the petition is delivered, the court may ask the respondent to
designate such person as soon as the respondent is capable.
(4) Whenever a petition is filed pursuant to this section, the court shall immediately appoint
an attorney to represent the respondent. The court shall provide the respondent with a written
notice that the respondent has a right to a hearing on the petition and may make a written request
for a jury trial. The respondent has the right to an attorney for all proceedings conducted pursuant
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to this section, including any appeals. The attorney representing the respondent must be provided
with a copy of the petition and any supporting materials immediately upon the attorney's
appointment. The respondent may only waive counsel when the respondent makes a knowing
and voluntary waiver in front of the court.
(5) Upon the filing of the petition pursuant to this section and affording the respondent a
chance to contest the petition, the court may grant or deny certification based on the facts
established in the petition, subject to the court's further review or a jury trial.
(6) Within fourteen days after receipt of the petition filed pursuant to this section, the
respondent, or the respondent's attorney, may request a jury trial by filing a written motion with
the court.
(7) The respondent may knowingly and voluntarily consent in writing to the petition.
(7.1) (a) If the respondent is certified for short-term treatment, unless an appropriate provider
has already been identified and is willing to hold the certification, the court shall order CDHS to
provide care coordination and make diligent efforts to find a provider for the respondent.
(b) The department may receive and possess all information relevant to the proceedings
pursuant to this section, including competency evaluations, any medical and mental health
records for which a waiver or privilege has been found in proceedings pursuant to this section or
pursuant to article 8.5 of title 16, and relevant criminal justice records, including any criminal
history of the respondent.
(c) The court may order:
(I) The petitioner and any district attorney responsible for prosecuting a criminal case that
led to proceedings pursuant to this section or section 16 -8.5-117 to send relevant records to
CDHS within seven days after the court's order; and
(II) Any current or former attorney who represented the respondent in any proceeding to
send materials to CDHS, with the respondent's consent, to assist in care coordination.
(d) CDHS may, as necessary, share information with potentially appropriate care providers
and the parties, and shall keep the court apprised in writing of efforts to find an appropriate
provider for the respondent.
(7.5) If the court certifies the respondent for short -term treatment and the court finds that
inpatient treatment is necessary pursuant to section 27 -65-118 (1)(a) but an inpatient care
provider has not been located that will accept the respondent after all reasonable efforts have
been exhausted, the court shall notify CDHS and certify the respondent for outpatient treatment
pursuant to section 27-65-109.5.
(8) The respondent or the respondent's attorney may, at any time, file a written request for
the court to review short -term certification or request that inpatient certification be changed to
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outpatient treatment. If the review is requested, the court shall hear the matter within fourteen
days after the request, and the court shall give notice to the respondent, the respondent's attorney,
the department, and the community or facility provider who is or will provide treatment. The
hearing must be held in accordance with section 27 -65-113.1. At the conclusion of the hearing,
the court may enter or confirm the certification for short -term treatment, discharge the
respondent, or enter any other appropriate order.
(9) In determining whether to certify the respondent or ruling upon any objection to the
certification, the court shall consider the respondent's history of emergency mental health holds
invoked pursuant to section 27 -65-106, certifications for short -term treatment or long -term care
and treatment, findings of incompetency to proceed pursuant to article 8 or 8.5 of title 16, and
inpatient psychiatric hospitalizations, and whether the respondent qualifies as having a persistent
mental health disorder.
(10) and (11) Repealed.
(12) For the purposes of this section only, "respondent" means the defendant in the referring
criminal matter.
Source: L. 2023: Entire section added, (HB 23 -1138), ch. 423, p. 2485, § 5, effective July 1,
2024. L. 2024: (1)(b) amended, (HB 24-1034), ch. 372, p. 2521, § 17, effective June 4. L. 2026:
IP(1), (1)(b), (1)(d), (2), (3), (8), and (9) amended, (2.1), (2.5), (7.1), and (7.5) added, and (10)
and (11) repealed, (SB 26-149), ch. 142, p. 736, § 9, effective May 21.
27-65-109. Certification for short-term treatment - procedure.
(1) A person may be certified for not more than three months for short -term treatment under
the following conditions:
(a) The professional staff of the facility detaining the person on an emergency mental health
hold has evaluated the person and has found the person meets the criteria for certification for
short-term treatment pursuant to section 27-65-108.3 (1);
(b) The facility or community provider that will provide short -term treatment has been
designated by the commissioner to provide such treatment; and
(c) The person, the person's legal guardian, and the person's lay person, if applicable, have
been advised of the person's right to an attorney and to contest the certification for short -term
treatment.
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(2) The notice of certification must be signed by a professional person who participated in
the evaluation conducted pursuant to subsection (1)(a) of this section. The notice of certification
must:
(a) State facts sufficient to establish reasonable grounds to believe that the respondent meets
the criteria for certification for short-term treatment pursuant to section 27-65-108.3 (1);
(b) Be filed with the court within forty -eight hours, excluding Saturdays, Sundays, and court
holidays, after the date of certification;
(c) Be filed with the court in the county in which the respondent resided or was physically
present immediately prior to being taken into custody; and
(d) Provide recommendations if the certification should take place on an inpatient or
outpatient basis.
(2.5) (a) If the professional staff of the facility detaining the person on an emergency mental
health hold has determined the person has a persistent mental health disorder, the notice of
certification must state that the person has a persistent mental health disorder and include a
summary of the person's history of emergency mental health holds invoked pursuant to section
27-65-106, certifications for short -term treatment or long -term care and treatment, findings of
incompetency to proceed pursuant to article 8 or 8.5 of title 16, and inpatient psychiatric
hospitalizations.
(b) In ruling upon any objection to the certification, the court shall consider the person's
history of emergency mental health holds invoked pursuant to section 27 -65-106, certifications
for short-term treatment or long -term care and treatment, findings of incompetency to proceed
pursuant to article 8 or 8.5 of title 16, and inpatient psychiatric hospitalizations, and whether the
person qualifies as having a persistent mental health disorder.
(3) Within twenty-four hours after certification, copies of the certification must be personally
delivered to the respondent, the BHA, and a copy must be kept by the evaluating facility as part
of the respondent's record, if applicable. The facility or court shall ask the respondent to
designate a lay person whom the respondent wishes to be informed regarding certification. If the
respondent is incapable of making such a designation at the time the certification is delivered, the
respondent must be asked to designate a lay person as soon as the respondent is capable. In
addition to the copy of the certification, the respondent must be given a written notice that a
hearing upon the respondent's certification for short -term treatment may be had before the court
or a jury upon written request directed to the court pursuant to subsection (6) of this section.
(4) Upon certification of the respondent, the facility designated for short -term treatment has
custody of the respondent.
(5) Whenever a certification is filed with the court by a professional person, the court shall
immediately appoint an attorney to represent the respondent. The respondent has the right to an
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attorney for all proceedings conducted pursuant to this section, including any appeals. The
attorney representing the respondent must be provided with a copy of the certification
immediately upon the attorney's appointment. The respondent may only waive counsel when the
respondent makes a knowing and intelligent waiver in front of the court.
(6) The respondent or the respondent's attorney may at any time file a written request that the
certification for short -term treatment or the treatment be reviewed by the court or that the
treatment be on an outpatient basis. If review is requested, the court shall hear the matter within
ten days after the request, and the court shall give notice to the respondent and the respondent's
attorney and the certifying and treating professional person of the time and place of the hearing.
The hearing must be held in accordance with section 27-65-113. At the conclusion of the hearing,
the court may enter or confirm the certification for short -term treatment, discharge the
respondent, or enter any other appropriate order.
(7) Repealed.
(8) Whenever it appears to the court, by reason of a report by the treating professional person
or the BHA or any other report satisfactory to the court, that a respondent detained for evaluation
and treatment or certified for short -term treatment should be transferred to another facility for
treatment and the safety of the respondent or the public requires that the respondent be
transported by a secure transportation provider or a law enforcement agency, the court may issue
an order directing the law enforcement agency where the respondent resides or secure
transportation provider to deliver the respondent to the designated facility.
(9) In accordance with the procedures described in section 27 -65-112, a respondent certified
for short -term treatment may be discharged upon the signature of the treating medical
professional and the medical director of the facility. A respondent certified for short -term
treatment on an outpatient basis may be discharged upon the signature of the approved
professional person overseeing the respondent's treatment, and the professional person shall
notify the BHA prior to the discharge. A facility or program shall make the respondent's
discharge instructions available to the respondent, the respondent's attorney, and the respondent's
legal guardian, if applicable, within seven days after discharge, if requested. A facility or
program that is transferring a respondent to a different treatment facility or to an outpatient
provider shall provide all treatment records to the facility or provider accepting the respondent at
least twenty-four hours prior to the transfer.
(10) If the professional person in charge of the evaluation and treatment believes that a
period longer than three months is necessary to treat the respondent, the professional person shall
file with the court an extended certification at least thirty days prior to the expiration date of the
original certification. An extended certification for treatment must not be for a period of more
than three months. The respondent is entitled to a hearing on the extended certification under the
same conditions as an original certification. The attorney initially representing the respondent
shall continue to represent the respondent, unless the court appoints another attorney.
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(11) The department and the BHA may receive and possess all information relevant to the
proceedings held pursuant to this section, including competency and mental health evaluations;
any medical and mental health records for which a waiver or privilege has been found in
proceedings held pursuant to this section or pursuant to article 8 or 8.5 of title 16; and relevant
criminal justice records, including any criminal history of the respondent. The department may
share and discuss the relevant information with the parties to the proceedings.
Source: L. 2022: (1)(c) amended, (HB 22 -1278), ch. 222, p. 1540, § 117, effective July 1;
entire article amended with relocations, (HB 22-1256), ch. 451, p. 3186, § 1, effective August 10;
(1), (2), (3), (6), (7), (8), and (10) amended, (HB 22-1256), ch. 451, p. 3217, § 3, effective July 1,
2024. L. 2026: (1), IP(2), (2)(a), and (9) amended, (2.5) and (11) added, and (7) repealed, (SB
26-149), ch. 142, p. 739, § 10, effective May 21.
Editor's note: (1) This section is similar to former §§ 27 -65-107 and 27 -65-108 as they
existed prior to 2022. For a detailed comparison, see the comparative tables located in the back
of the index.
(2) Subsection (1)(c) was numbered as § 27 -65-107 (1)(c) in HB 22 -1278 (see L. 2022, p.
1540). That provision was harmonized with subsection (1)(c) of this section as it appears in HB
22-1256.
ANNOTATION
I. General Consideration.
II. Procedural Requirements.
III. Findings Necessary.
I. GENERAL CONSIDERATION.
Law reviews. For article, "Procedures for
Involuntary Commitment on the Basis of
Alleged Mental Illness", see 42 U. Colo. L.
Rev. 231 (1970). For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981). For
article, "New Legislation Concerning the
Mentally Disabled", see 11 Colo. Law. 2131
(1982). For article, "Pre -trial Technical
Defenses to Mental Health Certification",
see 17 Colo. Law. 1327 (1988). For article,
"Perreira v. Colorado — A Psychiatrist's
Duty to Protect Others", see 18 Colo. Law.
2323 (1989). For article, "The Clinton
Mental Health Case — A Civil Procedure
Lesson", see 19 Colo. Law. 1809 (1990). For
article, "Clinton Redux: A Mental Health
and Technical Defense Follow -up", see 22
Colo. Law. 2389 (1993).
Annotator's note. Since § 27 -65-109 is
similar to § 27 -65-107 and § 27 -65-108 as
they existed prior to the 2022 amendments
to this article and to laws antecedent to those
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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sections, relevant cases construing those
provisions have been included in the
annotations to this section.
Constitutionality. Failure of this section
to require a mandatory state -initiated
hearing before the involuntary commitment
of an individual for up to 90 days does not
render the statute unconstitutional. Brown v.
Jensen, 572 F. Supp. 193 (D. Colo. 1983);
Curnow v. Yarbrough, 676 P.2d 1177 (Colo.
1984).
The term "danger" in subsection (1)(a)
does not offend due process as long as the
state proves by clear and convincing
evidence that there is a reasonable basis to
believe that the individual's mental illness
results in a present danger to herself or
others or renders her gravely disabled.
People v. Stevens, 761 P.2d 768 (Colo.
1988).
Less restrictive alternatives need not be
considered as a condition precedent to
certification. Civil commitment constitutes
a severe infringement of liberty requiring
due process protection. However, the
statutory scheme set forth in this article
contains a number of procedural safeguards
that greatly reduce the inherent risk of
erroneous deprivation. Therefore, due
process does not require a mandatory
hearing at the time of certification since the
statute provides for a hearing on request.
People v. Stevens, 761 P.2d 768 (Colo.
1988).
Subsequent certification proceedings
are not rendered invalid as a result of the
certification for short -term treatment being
set aside. People in Interest of Dveirin, 755
P.2d 1207 (Colo. 1988).
State's interest in certifying individual
for short-term treatment is to provide care
to one whose mental condition poses a threat
to society or to the person himself. People v.
Taylor, 618 P.2d 1127 (Colo. 1980).
Civil commitment statute must be
liberally construed to promote the
legislative purpose of encouraging the "use
of voluntary rather than coercive measures
to secure treatment and care for mental
illness". Sisneros v. District Court, 199
Colo. 179, 606 P.2d 55 (1980).
This article is to be strictly construed to
see that no limit is placed on a person's right
to seek voluntary treatment. People v.
Taylor, 618 P.2d 1127 (Colo. 1980).
Statutory definition of mental illness,
on its own terms, cannot be read to intend
that every idiosyncratic or eccentric person
requires involuntary medical intervention.
People v. Taylor, 618 P.2d 1127 (Colo.
1980).
Voluntary treatment program not
terminated. Where voluntarily committed
outpatient was off the hospital premises and
was taken into custody by the police and
then returned to the hospital, this did not, as
a matter of law, terminate his voluntary
treatment program. People in Interest of
Henderson, 44 Colo. App. 102, 610 P.2d
1350 (1980).
Standard for liability of medical
professionals. In determining whether to
release an involuntarily committed mental
patient, the psychiatrist has a legal duty to
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exercise due care, consistent with the
knowledge and skill ordinarily possessed by
psychiatric practitioners under similar
circumstances, to determine whether the
patient has a propensity for violence and
would present an unreasonable risk of
serious bodily harm to others. Perreira v.
State, 768 P.2d 1198 (Colo. 1989).
In discharging his duty, a psychiatrist may
be required to take reasonable precautions to
protect the public from the danger created
by the release giving due consideration to
extending the term of the patient's
commitment or placing appropriate
conditions and restrictions on such release.
Perreira v. State, 768 P.2d 1198 (Colo.
1989).
Standard for liability of medical
professionals. No duty exists to prevent a
third person from harming another unless a
special relation exists between the actor and
the wrongdoer or between the actor and the
victim. Perreira v. State, 738 P.2d 4 (Colo.
App. 1986).
Medical professionals involved in the care
and treatment of a mentally ill patient have a
legal duty under the "special relation" rule to
prevent the patient from harming himself or
others only if the patient in their care
constitutes a danger to himself or to the
safety of others. Perreira v. State, 738 P.2d 4
(Colo. App. 1986).
This danger may be shown by evidence of
injurious acts, attempts, or threats by the
patient. Perreira v. State, 738 P.2d 4 (Colo.
App. 1986).
A psychotherapist treating a mental
patient as an outpatient may fall under the
special relation rule. Perreira v. State, 738
P.2d 4 (Colo. App. 1986).
Certification for involuntary short -
term mental health treatment entered by
a professional person under this section is
not a court order under § 13 -5-142 (1)(c)
or § 13 -9-123 (1)(c) and a person's
information should not be sent to the
Colorado bureau of investigation for
forwarding on to the national instant
criminal background check system (NICS),
which would subject the person to federal
firearms prohibitions. Ray v. People, 2019
COA 24, 456 P.3d 54.
Subsection (6) does not allow an
individual to challenge the entry of the
certification order or inclusion of their name
in the NICS under § 13 -9-123 (1)(c) after
their case has been closed. People in Interest
of R.Z., 2025 COA 58, 574 P.3d 747.
Applied in People v. Lane, 196 Colo. 42,
581 P.2d 719 (1978); Gatwick v. State Dept.
of Insts., 198 Colo. 407, 603 P.2d 123
(1979); People in Interest of Paiz, 43 Colo.
App. 352, 603 P.2d 976 (1979); People v.
Chavez, 629 P.2d 1040 (Colo. 1981); In re
P.F. v. Walsh, 648 P.2d 1067 (Colo. 1982);
Brown v. Jensen, 572 F. Supp. 193 (D. Colo.
1983); People v. Medina, 705 P.2d 961
(Colo. 1985).
II. PROCEDURAL REQUIREMENTS.
Involuntary commitment to mental
hospital is deprivation of liberty which the
state cannot accomplish without procedural
safeguards. People v. Taylor, 618 P.2d 1127
(Colo. 1980).
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This section sets out certain procedures
which the general assembly and our
courts have determined are adequate to
protect a respondent's due process rights.
These procedures include: (1) a professional
decision to initiate the 72 -hour evaluation;
(2) professional medical evaluation at the
time of involuntary short -term commitment;
(3) notice concerning certification within 24
hours to the person committed; (4) notice
concerning certification to one other person
the respondent designates; (5) prompt
appointment of an attorney; (6) a hearing
within 10 days if requested (7) the burden of
proof by clear and convincing evidence
upon the petitioner; and (8) optional court
appointment of an independent professional
person to examine the respondent. Curnow
v. Yarbrough, 676 P.2d 1177 (Colo. 1984);
People in Interest of Reynes, 870 P.2d 518
(Colo. App. 1993).
Strict adherence to procedural
requirements of this section is required
because of the curtailment of personal
liberty which results from certification for
treatment of mental illness. Sisneros v.
District Court, 199 Colo. 179, 606 P.2d 55
(1980).
In situations involving involuntary
confinement, strict compliance with this
article is a necessity. People in Interest of
Henderson, 44 Colo. App. 102, 610 P.2d
1350 (1980).
Procedural prerequisites to obtaining
certification must be met for court to
have subject matter jurisdiction, so
review of such issues is by court not jury.
People in Interest of Bailey, 745 P.2d 280
(Colo. App. 1987).
Right to a mental health certification
review hearing within 10 days of the filing
of a petition for certification is for
protection of certified person and may be
waived by such person without vitiating
jurisdiction of court. People in Interest of
Lynch, 783 P.2d 848 (Colo. 1989).
When the procedural provisions of
former § 27-10-105 are not followed, even
a credible certification cannot cure the
jurisdictional defect. People in Interest of
Lloyd-Pellman, 844 P.2d 1309 (Colo. App.
1992).
The statutorily defined procedures for
civil commitment proceedings have been
applied to hearings involving the issue of
nonconsensual treatment with
antipsychotic medication. People ex rel.
Ofengand, 183 P.3d 688 (Colo. App. 2008).
Because a committed patient's right to
counsel during civil commitment
proceedings is derived from the civil
commitment statutes, any defect in
respondent's waiver of counsel is analyzed
under the standard applicable to statutory
defects in civil commitment proceedings.
People ex rel. Ofengand, 183 P.3d 688
(Colo. App. 2008).
Where respondent seeks reversal of civil
commitment order based on the failure to
comply strictly with statutory requirements,
and where the defect, if any, does not
implicate the jurisdiction of the trial court to
grant the order, the appeals court's inquiry is
whether the defect concerns a failure to
comply with essential statutory provisions
grave enough to undermine confidence in
the fairness and outcome of the certification
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-271-
proceedings. People ex rel. Ofengand, 183
P.3d 688 (Colo. App. 2008).
This inquiry includes: (1) the evaluation
of the gravity of the deviation from statutory
provisions, including a consideration of due
process concerns; and (2) a determination of
any prejudice to respondent caused by the
deviation. People ex rel. Ofengand, 183 P.3d
688 (Colo. App. 2008).
Patient to be advised of available,
voluntary treatments. A trial court exceeds
its jurisdiction in affirming a petitioner's
short-term certification, in light of the
uncontroverted jury finding that the
petitioner had not been properly advised of
the availability of voluntary treatment for
mental illness, as required by this section.
Sisneros v. District Court, 199 Colo. 179,
606 P.2d 55 (1980).
Privilege against self -incrimination is
inapplicable to civil commitment
proceedings. Due process does not require
that the fifth amendment privilege against
self-incrimination be extended to this state's
civil commitment proceedings. People v.
Taylor, 618 P.2d 1127 (Colo. 1980).
Nor does privilege against self -
incrimination apply to hearings on the
forcible administration of medication,
which occur during the civil commitment
process. People ex rel. Strodtman, 293 P.3d
123 (Colo. App. 2011).
Former §§ 27 -10-111 (1) and 27 -10-107
(3), read together, clearly and
unambiguously grant a right to a jury
hearing to a person being certified for short-
term treatment. People in Interest of
Hoylman, 865 P.2d 918 (Colo. App. 1993).
Failure to abide by statutory
requirement of forthwith appointment of
counsel in mental health certification
proceeding did not constitute personal
jurisdiction defect, as requirement for
appointment of counsel did not affect the
nature of notice to be given to mentally ill
person or statutory requirements for
acquisition of jurisdiction over person.
People in Interest of Clinton, 762 P.2d 1381
(Colo. 1988).
For the purposes of subsection (7),
neither the Eclipse system, the user interface
of the judicial branch's computerized case
management system, nor its underlying
database, ICON, functions as an "index of
cases". Therefore, the court clerk is not
required to remove an individual's name
from either upon discharge. People in
Interest of T.T., 2019 CO 54, 442 P.3d 851.
Reversible error where trial court
failed to comply with essential statutory
provision requiring respondent's waiver
of counsel to be made knowingly,
intelligently, and in writing in a hearing
involving a petition for involuntary
administration of medication. People ex rel.
Ofengand, 183 P.3d 688 (Colo. App. 2008).
A court does not need to conduct an
evidentiary hearing under subsection (6)
before it is authorized to enter an order
causing an individual's name to be added to
the NICS under § 13 -9-123 (1)(c). People in
Interest of R.Z., 2025 COA 58, 574 P.3d
747.
III. FINDINGS NECESSARY.
If it is shown that person is mentally ill,
short-term involuntary commitment
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-272-
cannot be justified unless it is shown that,
as a result of such illness, the person is: (1) a
danger to others; (2) a danger to himself;
(3)"gravely disabled" because of an inability
to take care of basic personal needs; or (4)
"gravely disabled" because the person is
"making irrational or grossly irresponsible
decisions concerning his person and lacks
the capacity to understand this is so". People
v. Taylor, 618 P.2d 1127 (Colo. 1980).
Section requires that causal nexus be
established between a person's mental
illness and the condition of being a danger to
others or to himself or gravely disabled.
People v. Taylor, 618 P.2d 1127 (Colo.
1980).
Disability sufficient to justify
involuntary commitment must arise as
result of mental illness; and in keeping
with the statutory purpose, it must be so
grave that the person's safety is threatened
by his inability to take care of his basic
personal needs. People v. Taylor, 618 P.2d
1127 (Colo. 1980).
Mere disability alone is insufficient to
warrant involuntary commitment. Mere
disability alone, even if found in conjunction
with mental illness, is not enough to warrant
involuntary commitment. People v. Taylor,
618 P.2d 1127 (Colo. 1980).
Dangerousness to others may be shown
by evidence of injurious acts, attempts, or
threats. People v. Taylor, 618 P.2d 1127
(Colo. 1980).
Dangerousness to oneself may be shown
by similar evidence, where the individual's
injurious behavior is directed toward
himself. People v. Taylor, 618 P.2d 1127
(Colo. 1980).
Passive injury to oneself, because of an
inability to take care of one's most basic
personal needs, may be as dangerous or
damaging to the individual as the active
threat posed by suicide. People v. Taylor,
618 P.2d 1127 (Colo. 1980).
Standard of proof necessary to commit
for short -term involuntary psychiatric
treatment, "clear and convincing evidence",
adopted by the general assembly for
treatment, strikes a fair balance between the
interest of the individual and the interest of
the state. People v. Taylor, 618 P.2d 1127
(Colo. 1980).
Standard of proof met. Where three
medical experts testified at appellant's
certification hearing that she was dangerous
or potentially dangerous to herself or to
others there was clear and convincing
evidence that there was a reasonable basis to
believe that appellant's mental illness
resulted in a present danger to herself or
others, thereby satisfying the prerequisite
conditions for short -term certification.
People v. Stevens, 761 P.2d 768 (Colo.
1988).
Applied in People v. Lane, 196 Colo. 42,
581 P.2d 719 (1978); People in Interest of
Paiz, 43 Colo. App. 352, 603 P.2d 976
(1979); In re P.F. v. Walsh, 648 P.2d 1067
(Colo. 1982); Brown v. Jensen, 572 F. Supp.
193 (D. Colo. 1983); People v. Medina, 705
P.2d 961 (Colo. 1985); People in Interest of
Ramsey, 2023 COA 95, 541 P.3d 1198.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-273-
27-65-109.5. Certification for short-term outpatient treatment.
(1) A person may be certified for not more than three months for short -term outpatient
treatment if a professional person or intervening professional acting within the scope of their
authority and licensure:
(a) Has an established treatment relationship with the person, including having provided care
to the person in the past three months, which care forms the basis for requesting the outpatient
certification;
(b) Has evaluated the person within the past three months and opined that the person meets
the criteria for certification for short-term treatment pursuant to section 27-65-108.3 (1); and
(c) Files with the court a signed outpatient certification.
(2) (a) The professional person or intervening professional acting within the scope of their
authority and licensure is the petitioner.
(b) Prior to filing the petition, the petitioner shall:
(I) Ask the respondent to designate a lay person whom the respondent wishes to be informed
regarding the outpatient certification;
(II) Provide the respondent with a copy of the outpatient certification; and
(III) Provide the respondent with the contact information for the court in which the
outpatient certification will be filed and for any designated provider that is willing to hold the
outpatient certification and that has been identified by the commissioner to provide treatment.
(3) The signed outpatient certification must:
(a) State sufficient facts to establish reasonable grounds that the respondent meets the criteria
set forth in section 27-65-108.3;
(b) Be filed with the court within fourteen days, excluding Saturdays, Sundays, and court
holidays, after the initiating party received the court order from the criminal court initiating the
outpatient certification, and a copy must be provided to CDHS and the BHA within twenty -four
hours after filing the outpatient certification;
(c) Provide all contact information that the petitioner has for the respondent;
(d) Provide the name and contact information for the lay person designated by the
respondent, or for any family or friends of the respondent if the respondent was unwilling or
incapable of designating a lay person; and
(e) Identify any designated provider that is willing to hold the outpatient certification and
that has been identified by the commissioner to provide treatment or include a statement that a
designated provider needs to be identified.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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(4) (a) If the petitioner has determined the respondent has a persistent mental health disorder,
the notice of outpatient certification must state that the respondent has a persistent mental health
disorder and include a summary of the respondent's history of emergency mental health holds
invoked pursuant to section 27 -65-106, certifications for short -term treatment or long -term care
and treatment, findings of incompetency to proceed pursuant to article 8 or 8.5 of title 16, and
inpatient psychiatric hospitalizations.
(b) In ruling upon any objection to the certification, the court shall consider the respondent's
history of emergency mental health holds invoked pursuant to section 27 -65-106, certifications
for short-term treatment or long -term care and treatment, findings of incompetency to proceed
pursuant to article 8 or 8.5 of title 16, and inpatient psychiatric hospitalizations, and whether the
respondent qualifies as having a persistent mental health disorder.
(5) (a) Once the BHA receives the notice of outpatient certification, if no designated provider
has been identified, the BHA shall provide care coordination pursuant to section 27 -65-108,
which includes making diligent efforts to identify a designated provider to hold the outpatient
certification and provide care to the respondent. The BHA shall keep the court, petitioner, and
county attorney informed in writing regarding any designated provider that will hold the
outpatient certification and provide care to the respondent.
(b) Once a provider is designated to hold the outpatient certification, the provider shall notify
the BHA if the provider has not made contact with the respondent within seven days after
accepting the outpatient certification. The BHA shall notify the court in writing that the provider
has not made contact with the respondent within seven days after accepting the outpatient
certification.
(6) If the respondent has not designated a lay person whom the respondent wishes to be
informed regarding the outpatient certification, the respondent must be asked and allowed to
designate a lay person as soon as the respondent is capable and willing to do so.
(7) Whenever an outpatient certification is filed with the court by a professional person or
intervening professional, the court shall immediately appoint an attorney to represent the
respondent. The respondent has the right to an attorney for all proceedings conducted pursuant to
this section, including any appeals. The attorney representing the respondent must be provided
with a copy of the outpatient certification and all supporting documentation immediately upon
the attorney's appointment. The respondent may only waive counsel when the respondent makes
a knowing and intelligent waiver in front of the court.
(8) The respondent or the respondent's attorney may at any time file a written request that the
certification for short -term treatment or the treatment be reviewed by the court. If a review is
requested, the court shall hear the matter within ten days after the request, and the court shall
give notice to the respondent and the respondent's attorney and the certifying and treating
professional person or intervening professional of the time and place of the hearing. The hearing
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-275-
must be held in accordance with section 27 -65-113.1. At the conclusion of the hearing, the court
may enter or confirm the outpatient certification for short -term treatment, discharge the
respondent, or enter any other appropriate order.
(9) This section does not require a court appearance if the respondent does not contest the
outpatient certification and a designated provider is identified to hold the outpatient certification
and the designated provider makes contact with the respondent within seven days after the
designated provider begins holding the outpatient certification.
(10) The court shall set a hearing within thirty days if:
(a) The respondent requests to contest, modify, or terminate the outpatient certification;
(b) The outpatient certification was filed and a designated provider was not identified within
seven days after the filing of the outpatient certification; or
(c) The designated provider did not make contact with the respondent within seven days after
the designated provider began holding the outpatient certification.
(11) The court may set a court review or hearing for good cause shown at any time upon the
request of a party, the county attorney responsible for proceedings, or the court's own motion.
(12) The BHA may receive and possess all information relevant to the proceedings pursuant
to this section, including competency and mental health evaluations; any medical and mental
health records for which a waiver or privilege has been found in proceedings pursuant to this
section or pursuant to article 8 or 8.5 of title 16; and relevant criminal justice records, including
any criminal history of the respondent. The BHA may share and discuss the relevant information
with the parties to the proceedings.
(13) In accordance with the procedures described in section 27 -65-112, a respondent
certified for short-term treatment on an outpatient basis may be discharged upon the signature of
the approved professional person overseeing the respondent's treatment, and the professional
person shall notify the BHA prior to the discharge. A facility or program shall make the
respondent's discharge instructions available to the respondent, the respondent's attorney, and the
respondent's legal guardian, if applicable, within seven days after discharge, if requested. A
facility or program that is transferring a respondent to a different treatment facility or to an
outpatient provider shall provide all treatment records to the facility or provider accepting the
respondent at least twenty-four hours prior to the transfer.
(14) If the professional person in charge of the evaluation and treatment believes that a
period longer than three months is necessary to treat the respondent, the professional person shall
file with the court an extended certification at least thirty days prior to the expiration date of the
original certification. An extended certification for treatment must not be for a period of more
than three months. The respondent is entitled to a hearing on the extended certification under the
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-276-
same conditions as an original certification. The attorney initially representing the respondent
shall continue to represent the respondent, unless the court appoints another attorney.
(15) This section does not preclude any proceedings or actions pursuant to section 27 -65-
106, 27-65-108.5, or 27-65-109.
Source: L. 2026: Entire section added, (SB 26-149), ch. 142, p. 740, § 11, effective May 21.
27-65-110. Certification for long-term care and treatment - procedure.
(1) Whenever a respondent has received an extended certification for treatment pursuant to
section 27 -65-109 (10), including as it is applied to court -ordered certification pursuant to
section 27 -65-108.5, the professional person in charge of the certification for short -term
treatment or the BHA may file a petition with the court at least thirty days prior to the expiration
date of the extended certification for long -term care and treatment of the respondent under the
following conditions:
(a) The professional staff of the agency or facility providing short -term treatment has
analyzed the respondent's condition and has found that the respondent continues to meet the
criteria and standards for certification for short -term treatment pursuant to section 27 -65-108.3
(1); and
(b) The facility that will provide long -term care and treatment has been designated by the
commissioner to provide the care and treatment.
(2) Every petition for long -term care and treatment must include a request for a hearing
before the court prior to the expiration of six months after the date of original certification and
provide a recommendation as to whether the certification for long -term care and treatment
should take place on an inpatient or outpatient basis. A copy of the petition must be delivered
personally to the respondent for whom long -term care and treatment is sought and electronically
delivered to the respondent's attorney of record simultaneously with the filing.
(3) Within ten days after receipt of the petition, the respondent or the respondent's attorney
may request a hearing before the court or a jury trial by filing a written request with the court.
(4) The court or jury shall determine whether the conditions of subsection (1) of this section
are met and whether the respondent continues to meet the criteria and standards for certification
for short-term treatment pursuant to section 27 -65-108.3 (1). The court shall issue an order of
long-term care and treatment for a term not to exceed six months, discharge the respondent for
whom long-term care and treatment was sought, or enter any other appropriate order. An order
for long-term care and treatment must grant custody of the respondent to the BHA for placement
with an agency or facility designated by the commissioner to provide long -term care and
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-277-
treatment. The BHA may delegate the physical custody of the respondent to a facility designated
by the commissioner and the requirement for the provision of services and care coordination.
When a petition contains a request that a specific legal disability be imposed or that a specific
legal right be deprived, the court may order the disability imposed or the right deprived if the
court or a jury has determined that the respondent has a mental health disorder or is gravely
disabled and that, as a result, the respondent is unable to competently exercise the specific legal
right or perform the function for which the disability is sought to be imposed. Any interested
person may ask leave of the court to intervene as a copetitioner for the purpose of seeking the
imposition of a legal disability or the deprivation of a legal right.
(5) An original order of long -term care and treatment or any extension of such order expires
on the date specified, unless further extended as provided in this subsection (5). If an extension is
being sought, the professional person in charge of the evaluation and treatment shall certify to
the court at least thirty days prior to the expiration date of the order in force that an extension of
the order is necessary for the care and treatment of the respondent subject to the order in force,
and a copy of the certification must be simultaneously delivered to the respondent and
electronically delivered to the respondent's attorney of record. At least twenty days before the
expiration of the order, the court shall give written notice to the respondent and the respondent's
attorney of record that a hearing upon the extension may be had before the court or a jury upon
written request to the court within ten days after receipt of the notice. If a hearing is not
requested by the respondent within such time, the court may proceed ex parte. If a hearing is
timely requested, the hearing must be held before the expiration date of the order in force. If the
court or jury finds that the conditions of subsection (1) of this section continue to be met and that
the respondent has a mental health disorder and, as a result of the mental health disorder, is a
danger to the respondent's self, a danger to others, or gravely disabled, the court shall issue an
extension of the order. Any extension must not exceed six months, but there may be as many
extensions as the court orders pursuant to this section.
(6) A respondent certified for long -term care and treatment may be discharged from the
facility upon the signature of the treating professional person and medical director of the facility,
and the facility shall notify the BHA prior to the respondent's discharge. The facility shall make
the respondent's discharge instructions available to the respondent, the respondent's attorney, the
respondent's lay person, and the respondent's legal guardian, if applicable, within one week after
discharge, if requested. A facility that is transferring a respondent to a different facility or to an
outpatient program shall provide all treatment records to the facility or provider accepting the
respondent at least twenty-four hours prior to the transfer.
Source: L. 2022: (1)(c) and (4) amended, (HB 22 -1278), ch. 222, p. 1540, § 118, effective
July 1; entire article amended with relocations, (HB 22 -1256), ch. 451, p. 3188, § 1, effective
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-278-
August 10. L. 2025: IP(1) amended, (SB 25-041), ch. 357, p. 1929, § 12, effective August 6. L.
2026: (1), (4), and (5) amended, (SB 26-149), ch. 142, p. 744, § 12, effective May 21.
Editor's note: (1) The provisions of this section are similar to several former provisions of §
27-65-109 as they existed prior to 2022. For a detailed comparison, see the comparative tables
located in the back of the index.
(2) Subsection (1)(c) was numbered as § 27 -65-109 (1)(c) in HB 22 -1278 (see L. 2022, p.
1540). That provision was harmonized with subsection (1)(c) of this section as it appears in HB
22-1256.
(3) Subsection (4) was numbered as § 27 -65-109 (4) in HB 22 -1278 (see L. 2022, p. 1540).
That provision was harmonized with subsection (4) of this section as it appears in HB 22-1256.
ANNOTATION
Law reviews. For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981). For
article, "Legal But Not Fair: Legal
Implications of a Mental Illness Medical
Model", see 11 Colo. Law. 1234 (1982). For
article, "Pre -trial Technical Defenses to
Mental Health Certification", see 17 Colo.
Law. 1327 (1988).
Annotator's note. Since § 27 -65-110 is
similar to § 27 -65-109 as it existed prior to
the 2022 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
The term "danger" in subsection (1)(a)
does not offend due process as long as the
state proves by clear and convincing
evidence that there is a reasonable basis to
believe that the individual's mental illness
results in a present danger to herself or
others or renders her gravely disabled.
People v. Stevens, 761 P. 2d 768 (Colo.
1988).
Less restrictive alternatives need not be
considered as a condition precedent to
certification. Civil commitment constitutes
a severe infringement of liberty requiring
due process protection. However, the
statutory scheme set forth in this article
contains a number of procedural safeguards
that greatly reduce the inherent risk of
erroneous deprivation. Therefore, due
process does not require a mandatory
hearing at the time of certification since the
statute provides for a hearing on request.
People v. Stevens, 761 P.2d 768 (Colo.
1988).
These statutory requirements are
mandatory and must be strictly carried out.
Watkins v. People, 140 Colo. 228, 344 P.2d
682 (1959).
Thus, the failure to deliver personally
to a respondent in a mental health
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-279-
proceeding a copy of the petition for long -
term care and treatment, as required by
subsection (2), deprives the court of
personal jurisdiction over the respondent to
proceed on the petition and does not toll the
relevant time limits for a hearing on the
petition. Gilford v. People, 2 P.3d 120 (Colo.
2000).
But only statutory deviations that are
considered serious enough to undermine
the confidence in the fairness and
outcome of judicial proceedings will
justify a dismissal of an order that was
not made in strict compliance with
procedural aspects of the civil
commitment statutes. Hearing for
extension of long -term care and treatment
and for administration of involuntary
medications that took place six days after
expiration of respondent's certification was
held not to undermine the confidence in the
fairness and outcome of the certification
proceedings when respondent received a full
hearing and had previously declined to have
the hearing before the expiration date of the
certification. People in Interest of Gilford,
983 P.2d 156 (Colo. App. 1999)
Key inquiry in determining whether a
failure to follow the civil commitment
statute was a violation of an individual's
due process rights is whether the failure
violates an "essential condition" of the
statute. Such determination is made by
evaluating the gravity of the deviation from
the statutory procedures and requires
consideration of any due process concerns
and any prejudice to the respondent. People
in Interest of Gilford, 983 P.2d 156 (Colo.
App. 1999).
Special statutory proceeding. An action
in the district court to inquire into the mental
health of a party can best be described as a
special statutory proceeding; it is neither a
criminal case nor a civil action. Sabon v.
People, 142 Colo. 323, 350 P.2d 576 (1960).
Request for jury trial must be honored.
Where the respondent or his attorney
requests a jury trial, the court is required to
honor the request. Young v. Brofman, 139
Colo. 296, 338 P.2d 286 (1959).
Defendant held to have been
wrongfully deprived of opportunity to
demand a jury trial. Hultquist v. People, 77
Colo. 310, 236 P. 995 (1925).
Court may enter judgment
notwithstanding the verdict on jury's
factual finding under this section as a
matter of law when the evidence is
undisputed. People in Interest of Lees, 745
P.2d 281 (Colo. App. 1987).
The determination at a certification
hearing as to whether a person is
"gravely disabled" must focus on the
individual's existing condition and not on
the possibility of future relapse. People in
Interest of Bucholz, 778 P.2d 300 (Colo.
App. 1989).
Underlying propensity for
dangerousness, even though related to
future conduct, is sufficient to meet the test
of presenting a danger to one's self and
others. People in Interest of King, 795 P.2d
273 (Colo. App. 1990).
Review of commitment order based on
erroneous diagnosis. Where an order of
commitment is based on an erroneous
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-280-
diagnosis, that order can be reviewed on
appeal. Zimmerman v. Angele, 137 Colo.
129, 321 P.2d 1105 (1958).
Subsection (5) extension runs from
expiration of previous order. The period of
extension allowed by subsection (5) is to run
from the date the previous order expires, and
not from the date the extension order is
entered. People in Interest of Archuleta, 653
P.2d 93 (Colo. App. 1982).
Person confined only to extent
necessary to protect society. A person who
is found to be mentally ill is treated and
confined only to the extent necessary for the
protection of society. Parks v. Denver
District Court, 180 Colo. 202, 503 P.2d 1029
(1972).
Medication not to be given over
incompetent's objection absent court
order. Absent an emergency situation
calling for immediate action (in which event
the least intrusive means should be used by
the physician to meet the emergency),
antipsychotic medication shall not be
administered to a mentally incompetent
institutionalized patient who has not given
his consent to this medication unless ordered
by a court following a proper hearing.
People in Interest of Medina, 662 P.2d 184
(Colo. App. 1982), aff'd, 705 P.2d 961
(Colo. 1985).
Order for involuntary medication must
not extend beyond expiration date of the
order of long -term care and treatment.
Hopkins v. People, 772 P.2d 624 (Colo. App.
1988).
Applied in People v. Lane, 196 Colo. 42,
581 P.2d 719 (1978); People in Interest of
Paiz, 43 Colo. App. 352, 603 P.2d 976
(1979); People v. Chavez, 629 P.2d 1040
(Colo. 1981); Brown v. Jensen, 572 F. Supp.
193 (D. Colo. 1983); People in Interest of
Kleinfieldt, 680 P.2d 864 (Colo. App. 1984).
27-65-111. Certification on an outpatient basis - civil commitment - short-term and
long-term treatment.
(1) Any respondent certified pursuant to section 27 -65-108.5, 27-65-109, or 27-65-110 may
be provided treatment on an outpatient basis. The outpatient treatment provider shall develop a
treatment plan for the respondent receiving treatment on an outpatient basis with the goal of the
respondent finding and sustaining recovery. The treatment plan must include measures to keep
the respondent or others safe, as informed by the respondent's need for certification. The
treatment plan may include, but is not limited to:
(a) Intensive case management;
(b) Assertive community treatment;
(c) Peer recovery services;
(d) Individual or group therapy;
(e) Day or partial-day programming activities;
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-281-
(f) Intensive outpatient programs;
(g) Educational and vocational training or activities; and
(h) Housing and transportation assistance.
(2) The respondent, the respondent's legal guardian, the respondent's patient representative or
the respondent's lay person, or any party at any court hearing may contest a respondent's
treatment regimen, including court -ordered medications, at any court hearing related to the
respondent's certification for treatment.
(3) The facility responsible for providing services to a respondent on a certification on an
outpatient basis shall proactively reach out to the respondent to engage the respondent in
treatment. If the respondent refuses treatment or court-ordered medication and is decompensating
psychiatrically, the court may order a certified peace officer or secure transportation provider to
transport the respondent to an appropriate, least -restrictive designated facility in collaboration
with the BHA and the provider holding the certification. The respondent does not need to be an
imminent danger to the respondent's self or an imminent danger to others for the provider to
request, and the court to order, transportation to a facility for the respondent to receive treatment
and court-ordered medications. The facility responsible for providing services to a respondent on
a certification on an outpatient basis shall provide the court information on the facility's
proactive outreach to the respondent and the professional person's and psychiatric advanced
practice registered nurse's basis for medical opinion.
(4) If a respondent is placed in a more restrictive setting, the respondent has the right to
judicial review within ten days after filing a written request.
(5) (a) In addition to any other limitation on liability, a person providing care to a respondent
placed on short -term or long -term certification on an outpatient basis is only liable for harm
subsequently caused by or to a respondent who:
(I) Has been terminated from certification despite meeting statutory criteria for certification
pursuant to section 27-65-108.5, 27-65-109, or 27-65-110; or
(II) Provided services to the respondent not within the scope of the person's professional
license, or was reckless or grossly negligent in providing services.
(b) A provider is not liable if a respondent's certification is terminated, despite meeting
criteria for certification, if the provider is unable to locate the respondent despite proactive and
reasonable outreach.
(6) A respondent subject to a certification for short-term treatment, certification for long-term
care and treatment, or civil commitment pursuant to section 27 -65-201 on an outpatient basis has
the following rights, in addition to those enumerated in section 27-65-119:
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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(a) To request a change to voluntary status. A change to voluntary status may be denied by
the supervising professional person or advanced practice registered nurse with training in
psychiatric nursing responsible for the respondent's treatment if the professional person or
advanced practice registered nurse with training in psychiatric nursing determines reasonable
grounds exist to believe that the respondent will not remain in a voluntary treatment program.
This subsection (6)(a) does not apply to a respondent who is civilly committed pursuant to
section 27-65-201.
(b) To be treated fairly, with respect and recognition of the respondent's dignity and
individuality, by all employees of the treatment facility with whom the respondent comes in
contact;
(c) To appropriate treatment, which must be administered skillfully, safely, and humanely. A
respondent shall receive treatment suited to the respondent's needs that must be determined in
collaboration with the respondent.
(d) To not be discriminated against on the basis of age, race, ethnicity, religion, culture,
spoken language, physical or mental disability, socioeconomic status, sex, sexual orientation,
gender identity, or gender expression;
(e) To retain and consult with an attorney at any time;
(f) Within forty-eight hours after the respondent's request, to see and receive the services of a
patient representative, including a peer specialist, who has no direct or indirect clinical,
administrative, or financial responsibility for the respondent;
(g) To have the respondent's behavioral health orders for scope of treatment or psychiatric
advance directive reviewed and considered by the court as the preferred treatment option for
involuntary administration of medications unless, by clear and convincing evidence, the
respondent's directive does not qualify as effective participation in behavioral health decision -
making;
(h) To have the respondent's information and records disclosed to adult family members and
a lay person pursuant to section 27-65-123;
(i) To have access to a representative within the facility who provides assistance to file a
grievance; and
(j) To have the right to file a motion with the court at any time to contest the certification.
This subsection (6)(j) does not apply to a respondent who is civilly committed pursuant to
section 27-65-201.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3190, § 1,
effective July 1, 2024. L. 2023: IP(1) and (5)(a)(I) amended, (HB 23 -1138), ch. 423, p. 2490, §
Colorado Revised Statutes 2026
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14, effective July 1, 2024. L. 2026: (3), IP(6), (6)(a), and (6)(j) amended, (SB 26 -149), ch. 142,
p. 745, § 13, effective May 21.
27-65-112. Termination of certification for short-term and long-term treatment.
(1) (a) An original or extended certification for short -term treatment issued pursuant to
section 27 -65-108.5, 27 -65-109, or 27 -65-109.5, or an order or extension for certification for
long-term care and treatment pursuant to section 27 -65-110, terminates when the professional
person in charge of treatment of the respondent and the BHA, after a reasonable observation and
treatment period, determine the respondent no longer meets the criteria for certification for short -
term treatment pursuant to section 27-65-108.3 (1).
(b) Prior to terminating a certification for short -term treatment, the facility or community
provider that is certified to provide treatment to the respondent shall review and consider the
reasonably available history of the respondent, including any history of emergency mental health
holds invoked pursuant to section 27 -65-106, certifications for short-term treatment or long-term
care and treatment, findings of incompetency to proceed pursuant to article 8 or 8.5 of title 16,
and inpatient psychiatric hospitalizations.
(c) A certification for short -term treatment must not be terminated less than thirty days after
the date of the initial certification unless the termination complies with subsection (1)(d) of this
section. A certification for short -term treatment of a respondent who has a persistent mental
health disorder must not be terminated unless the termination complies with subsection (1)(e) of
this section unless the certification is being terminated by:
(I) A community provider holding an outpatient certification that employs two or more
professional persons; or
(II) A facility holding an inpatient certification that has two or more professional persons
working in the twelve hours preceding the time prior to the termination.
(d) (I) The professional person in charge of the respondent's care shall not approve the
termination of the respondent's certification within thirty days after the date of the initial
certification for short-term treatment unless two professional persons have individually consulted
and reviewed the respondent's case and agree that the respondent no longer meets the criteria for
certification for short-term treatment.
(II) At least one of the professional persons must be the professional person most responsible
for interacting with and providing direct care and treatment to the respondent. The professional
person in charge of the respondent's care may serve as one of the two professional persons if the
professional person in charge of the respondent's care is the professional person most responsible
for interacting with and providing direct care and treatment to the respondent. The other
professional person is not req uired to interact with the respondent. This subsection (1)(d) does
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not prevent either professional person from interacting with or examining the respondent if it is
medically appropriate.
(III) When consulting and reviewing the respondent's case, both professional persons shall
consider the requirements of section 27-65-108.3 (2), (3), and (4).
(e) The professional person in charge of the care of a respondent who has a persistent mental
health disorder shall not approve the termination of the respondent's certification from an
inpatient setting within thirty days after the date of the initial certification for short -term
treatment unless two professional persons independently evaluate the respondent, independently
agree that the respondent no longer meets the criteria for certification for short -term treatment,
and independently sign a statement in accordance with subsection (1)(f) of this section. Both
professional persons shall consider the requirements of section 27-65-108.3 (2), (3), and (4).
(f) (I) If the respondent has a persistent mental health disorder and the professional person is
discharging the certification for short -term treatment from an inpatient setting, the professional
person shall sign a written statement that states:
(A) Terminating the certification for short -term treatment, rather than transferring the
certification to an outpatient provider or outpatient setting, is medically appropriate; and
(B) The professional person reasonably believes that the respondent will seek the
recommended psychiatric care without a continued certification within the next sixty days
despite considerations of any past: Psychiatric deterioration; statements of the respondent
asserting a willingness to seek voluntary care that the respondent did not subsequently pursue;
history of repetitive emergency mental health holds pursuant to section 27 -65-106 or
certifications for short-term treatment or long -term care and treatment; and criminal charges for
which the respondent was found incompetent to proceed pursuant to article 8.5 of title 16.
(II) This subsection (1)(f) does not create a cause of action. A professional person or entity
that provides care to a respondent under a certification is not liable for compliance or
noncompliance with this subsection (1)(f).
(g) Subsections (1)(d), (1)(e), and (1)(f) of this section do not apply if a certification for
short-term treatment is transferred to another inpatient or outpatient provider or if a respondent is
discharged from an inpatient setting when the professional person signs an outpatient
certification pursuant to section 27 -65-109.5 (3)(e) that includes a statement that a provider
needs to be identified.
(h) When a certification for short -term treatment or an extended certification is terminated
pursuant to this section, the professional person in charge of providing treatment to the
respondent shall notify the court in writing within five days after the termination. If the
respondent has a persistent mental health disorder and was terminated from an inpatient setting
within thirty days after the date of the initial short -term certification, the notice must include a
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copy of the statement described in subsection (1)(f) of this section and be placed in the
respondent's medical record.
(2) Before termination, a respondent who leaves a facility may be returned to the facility by
order of the court without a hearing or by the superintendent or director of the facility without a
court order. After termination, a respondent may be returned to the facility only in accordance
with this article 65.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3192, § 1,
effective August 10; entire section amended, (HB 22 -1256), ch. 451, p. 3219, § 4, effective July
1, 2024. L. 2023: (1) amended, (HB 23 -1138), ch. 423, p. 2490, § 15, effective July 1, 2024. L.
2026: (1) amended, (SB 26-149), ch. 142, p. 746, § 14, effective May 21.
Editor's note: The provisions of this section are similar to former § 27 -65-110 as it existed
prior to 2022. For a detailed comparison, see the comparative tables located in the back of the
index.
ANNOTATION
Law reviews. For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981). For
article, "Perreira v. Colorado — A
Psychiatrist's Duty to Protect Others", see 18
Colo. Law. 2323 (1989).
Annotator's note. Since § 27 -65-112 is
similar to § 27 -65-110 as it existed prior to
the 2022 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Superintendent may release inmate
only upon restoration to reason. The only
ground upon which the superintendent of the
Colorado state hospital can legally release
an inmate therefrom is restoration to reason.
People ex rel. Best v. County Court, 110
Colo. 249, 132 P.2d 799 (1942).
When person is no longer insane he is
restored to reason, and, consequently, when
the court found respondent not mentally ill
as charged in the complaint, the court had a
duty to order her discharged, and in failing
to do so, it committed error. In re People in
Interest of Hill, 118 Colo. 571, 198 P.2d 450
(1948).
Standard of care for determining
release. In determining whether to release
an involuntarily committed mental patient,
the psychiatrist has a legal duty to exercise
due care, consistent with the knowledge and
skill ordinarily possessed by psychiatric
practitioners under similar circumstances to
determine whether the patient has a
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propensity for violence and would present
an unreasonable risk of serious bodily harm
to others. Perreira v. State, 768 P.2d 1198
(Colo. 1989).
In discharging his duty, a psychiatrist may
be required to take reasonable precautions to
protect the public from the danger created
by the release giving due consideration to
extending the term of the patient's
commitment or placing appropriate
conditions and restrictions on such release.
Perreira v. State, 768 P.2d 1198 (Colo.
1989).
Order remanding inmate to asylum
without new trial by jury held proper.
Where it appeared to the district court that
an inmate of the state insane asylum, having
received a probationary discharge, was not
restored to reason, an order remanding him
to the asylum without a new trial by jury
was held proper. Metaxos v. People, 76
Colo. 264, 230 P. 608 (1924).
Distinction permitted from escape by
person committed by criminal insanity
adjudication. Given the state's obvious
interest in protecting the public from those
who previously have engaged in overt
criminal conduct but have been relieved of
criminal responsibility by reason of legal
insanity, there is no difficulty in finding a
rational basis for legislation that proscribes
as criminal a knowing escape by a person
committed to an institution as a result of an
insanity adjudication in a criminal case, but
does not impose a similar sanction upon a
person who escapes from a facility to which
he has been civilly committed. People v.
Giles, 662 P.2d 1073 (Colo. 1983).
For continuing jurisdiction of district
court, see Zimmerman v. Angele, 137 Colo.
129, 321 P.2d 1105 (1958).
Applied in People v. Chavez, 629 P.2d
1040 (Colo. 1981).
27-65-113. Jurisdiction - transfer.
(1) (a) The court in which a petition or certification is filed pursuant to this article 65, or a
court authorized to conduct proceedings pursuant to this article 65 that receives a court order
transferring jurisdiction of a civil commitment pursuant to section 16 -8.5-118, is the court of
original jurisdiction and of continuing jurisdiction for any further proceedings pursuant to this
article 65.
(b) When the convenience of the parties and the ends of justice would be promoted by a
change in the court having jurisdiction, the court may order a transfer of the proceeding to
another county. Until further order of the transferee court, if any, it is the court of continuing
jurisdiction. If multiple criminal courts refer a matter for proceeding pursuant to section 27 -65-
201 or 27 -65-108.5, any court with jurisdiction may transfer the proceeding to another county
and allow for consolidation of proceedings into one proceeding, which may occur in any county
that promotes the convenience of the parties and the ends of justice.
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(2) (a) Except as otherwise provided in this subsection (2), any petition, certification, transfer
of jurisdiction of a civil commitment, or request for a proceeding may be filed where the
respondent resides or is physically present for treatment.
(b) A request for appointment of an attorney or for proceedings pursuant to section 27 -65-
104 regarding voluntary treatment of a minor to which the minor objects may be filed in the
jurisdiction where the minor is hospitalized.
(c) A petition or request for a proceeding regarding an emergency mental health hold ordered
pursuant to section 27 -65-106 or certification for short -term treatment ordered pursuant to
section 27-65-109 may be filed in the jurisdiction where the respondent resides, was physically
present and transported for an emergency mental health hold, or is currently in an inpatient
setting receiving treatment.
(d) A petition or request for a proceeding regarding certification for short -term treatment for
incompetent defendants in a criminal matter pursuant to section 27 -65-108.5 or a civil
commitment pursuant to section 27-65-201 may be filed in the jurisdiction where the respondent
resides, was physically present immediately prior to the filing of the petition, or is receiving
inpatient treatment or where the criminal court that referred the matter is located.
(3) (a) In the event that a respondent or a person who is ordered committed pursuant to
section 16-8.5-118, or is being supervised in a commitment pursuant to section 27 -65-201, or is
found not guilty by reason of impaired mental condition pursuant to section 16-8-103.5 (5), or by
reason of insanity pursuant to section 16 -8-105 (4) or 16 -8-105.5, refuses to accept medication,
the court having jurisdiction of the action pursuant to subsection (1) of this section; the court
committing the person or defendant to the custody of the department pursuant to section 16 -8-
103.5 (5), 16 -8-105 (4), or 16 -8-105.5; or the court of the jurisdiction in which the designated
facility treating the respondent or person is located has jurisdiction and venue to accept a petition
by a treating physician and to enter an order requiring that the respondent or person accept the
treatment or, in the alternative, that the medication be forcibly administered to the respondent or
person. The court of the jurisdiction in which the designated facility is located shall not exercise
its jurisdiction without the permission of the court that committed the person to the custody of
the department. Upon the filing of the petition, the court shall appoint an attorney, if one has not
been appointed, to represent the respondent or person and hear the matter within ten days.
(b) In any case brought pursuant to subsection (3)(a) of this section in a court for the county
in which the treating facility is located, the county where the proceeding was initiated pursuant to
subsection (1) of this section or the court committing the person to the custody of the department
pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5 shall either reimburse the county
in which the proceeding pursuant to this subsection (3) was filed and in which the proceeding
was held for the reasonable costs incurred in conducting the proceeding or conduct the
proceeding itself using its own personnel and resources, including its own district or county
attorney, as the case may be.
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(c) In the case of a defendant who is found incompetent to proceed pursuant to section 16 -
8.5-103 and who refuses to accept medication, the jurisdiction for the petition for involuntary
treatment procedures is as set forth in section 16-8.5-106.
(4) In any case in which there has been a change of venue to a county other than the county
of residence of the respondent or the county in which the certification proceeding was
commenced, the county from which the proceeding was transferred shall either reimburse the
county to which the proceeding was transferred and in which the proceeding was held for the
reasonable costs incurred in conducting the proceeding or conduct the proceeding itself using its
own personnel and resources, including its own district or county attorney, as the case may be.
(5) If a civil proceeding was initiated pursuant to this article 65 or transferred pursuant to
section 16-8.5-118 but the proceeding is no longer proper because the court determined that the
respondent has an intellectual and developmental disability or a neurocognitive disorder, as those
terms are defined in section 25.5-10-501, without any other mental health disorder, the court may
maintain jurisdiction by ordering the case to proceed pursuant to article 10 of title 25.5.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3193, § 1,
effective August 10. L. 2023: (5)(a) and (5)(b) amended, (HB 23 -1236), ch. 206, p. 1066, § 38,
effective May 16; (1), (5)(a), and (5)(b) amended, (HB 23-1138), ch. 423, p. 2491, § 16, effective
July 1, 2024. L. 2026: Entire section amended, (SB 26-149), ch. 142, p. 748, § 15, effective May
21.
Editor's note: The provisions of this section are similar to former § 27 -65-111 as it existed
prior to 2022. For a detailed comparison, see the comparative tables located in the back of the
index.
ANNOTATION
Law reviews. For article, "Commitment
Procedures in Colorado", see 29 Dicta 273
(1952). For article, "New Legislation
Concerning the Mentally Disabled", see 11
Colo. Law. 2131 (1982). For article,
"Respect for the Values and Preferences of
Mental Patients: The Medina Trilogy", see
11 Colo. Law. 3014 (1982). For article, "The
Clinton Mental Health Case — A Civil
Procedure Lesson", see 19 Colo. Law. 1809
(1990).
Annotator's note. Since § 27 -65-113 is
similar to former § 27 -65-113, to § 27 -65-
111 as it existed prior to the 2022
amendments to this article, and to laws
antecedent to that section, relevant cases
construing those provisions have been
included in the annotations to this section.
Colorado Revised Statutes 2026
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Involuntary commitment to mental
hospital is deprivation of liberty which the
state cannot accomplish without procedural
safeguards. People v. Taylor, 618 P.2d 1127
(Colo. 1980).
Privilege against self -incrimination
inapplicable to civil commitment
proceedings. Due process does not require
that the fifth amendment privilege against
self-incrimination be extended to Colorado's
civil commitment proceedings. People v.
Taylor, 618 P.2d 1127 (Colo. 1980).
Former §§ 27 -10-111 (1) and 27 -10-107
(3), read together, clearly and
unambiguously grant a right to a jury
hearing to a person being certified for short-
term treatment. People in Interest of
Hoylman, 865 P.2d 918 (Colo. App. 1993).
The right to effective assistance of
counsel applies to proceedings conducted
under § 16 -8.5-112 and subsection (5)(c)
of this section. People in Interest of
Uwayezuk, 2023 COA 69, 537 P.3d 377.
The term "danger" in subsection (1)
does not offend due process as long as the
state proves by clear and convincing
evidence that there is a reasonable basis to
believe that the individual's mental illness
results in a present danger to herself or
others or renders her gravely disabled.
People v. Stevens, 761 P. 2d 768 (Colo.
1988).
Standard of proof meets minimum
standards of procedural due process.
People v. Taylor, 618 P.2d 1127 (Colo.
1980).
Less restrictive alternatives need not be
considered as a condition precedent to
certification. Civil commitment constitutes
a severe infringement of liberty requiring
due process protection. However, the
statutory scheme set forth in this article
contains a number of procedural safeguards
that greatly reduce the inherent risk of
erroneous deprivation. Therefore, due
process does not require a mandatory
hearing at the time of certification since the
statute provides for a hearing on request.
People v. Stevens, 761 P.2d 768 (Colo.
1988).
"Clear and convincing evidence",
required by subsection (1), is evidence
which is stronger than a preponderance of
the evidence, and which is unmistakable and
free from serious or substantial doubt.
People v. Lane, 196 Colo. 42, 581 P.2d 719
(1978).
Where three medical experts testified at
the certification hearing that appellant was
potentially dangerous to herself or to others,
there was clear and convincing evidence that
there was a reasonable basis to believe that
appellant's mental illness resulted in a
present danger to herself or others, thereby
satisfying the prerequisite conditions for
short-term certification pursuant to former §
27-10-107. People v. Stevens, 761 P.2d 768
(Colo. 1988).
The need for electroconvulsive therapy
for a person involuntarily committed must
be established by clear and convincing
evidence. People in Interest of M.K.M., 765
P.2d 1075 (Colo. App. 1988).
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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If it is shown that person is mentally ill,
short-term involuntary commitment
cannot be justified unless it is shown that,
as a result of such illness, the person is: (1) a
danger to others; (2) a danger to himself; (3)
"gravely disabled" because of an inability to
take care of basic personal needs; or (4)
"gravely disabled" because the person is
"making irrational or grossly irresponsible
decisions concerning his person and lacks
the capacity to understand this is so". People
v. Taylor, 618 P.2d 1127 (Colo. 1980).
Mere disability alone is insufficient to
warrant involuntary commitment. Mere
disability alone, even if found in conjunction
with mental illness, is not enough to warrant
involuntary commitment. People v. Taylor,
618 P.2d 1127 (Colo. 1980).
Dangerousness to others may be shown
by evidence of injurious acts, attempts, or
threats. People v. Taylor, 618 P.2d 1127
(Colo. 1980).
Dangerousness to oneself may be shown
by similar evidence, where the individual's
injurious behavior is directed toward
himself. People v. Taylor, 618 P.2d 1127
(Colo. 1980).
Passive injury to oneself, because of an
inability to take care of one's most basic
personal needs, may be as dangerous or
damaging to the individual as the active
threat posed by suicide. People v. Taylor,
618 P.2d 1127 (Colo. 1980).
Former § 27 -10-107 requires that a
causal nexus be established between a
person's mental illness and the condition of
being a danger to others or to himself or
gravely disabled. People v. Taylor, 618 P.2d
1127 (Colo. 1980).
Uncorroborated psychiatric opinion
sufficient. In some cases, a psychiatric
opinion, not corroborated by evidence of
recent dangerous conduct, may constitute
"clear and convincing evidence" of
dangerousness, and therefore may be
sufficient to sustain a commitment based on
dangerousness. People v. Lane, 196 Colo.
42, 581 P.2d 719 (1978).
Right of indigent appellant to
transcript at state expense. An indigent
appellant in a mental health proceeding for
involuntary confinement and treatment has a
right under the due process guarantees of the
United States and Colorado constitutions to
a transcript at state expense. Goedecke v.
State Dept. of Insts., 198 Colo. 407, 603
P.2d 123 (1979).
Stringent release standards reasonably
related to public safety. The more stringent
standards of release applicable to the
criminally committed defendant reflect the
increased risk to the public associated with
the release decision, and, as in the case of
automatic commitment, they are reasonably
related to the state's interest in public safety.
People v. Chavez, 629 P.2d 1040 (Colo.
1981).
Court order required for administering
medication to incompetent absent his
consent. Absent an emergency situation
calling for immediate action (in which event
the least intrusive means should be used by
the physician to meet the emergency),
antipsychotic medication shall not be
administered to a mentally incompetent
Colorado Revised Statutes 2026
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-291-
institutionalized patient who has not given
his consent to this medication unless ordered
by a court following a proper hearing.
People in Interest of Medina, 662 P.2d 184
(Colo. App. 1982), aff'd, 705 P.2d 961
(Colo. 1985); People v. Pflugbeil, 834 P.2d
843 (Colo. App. 1992).
Test in People v. Medina, 705 P.2d 961
(Colo. 1985), for forcibly administering
medication applies equally to a forcible
increase in medication dosage. The second
Medina element requires a patient to be
deteriorating, which does not mean the same
thing as "not improving". A patient who is
simply not improving will not satisfy the
Medina test for forcible administration of
medication. People v. Marquardt, 2016 CO
4, 364 P.3d 499.
The statutory authorization to forcibly
administer medication related to mental
illnesses does not grant the state unlimited
authority to administer any medical
treatment or medication, even if the four
Medina factors are satisfied. The involuntary
chemical castration of a person committed
by the state to the care of the state hospital
by virtue of his mental illness may only be
authorized by the general assembly through
statute, which it is not. People in Interest of
C.J.R., 2016 COA 133, 409 P.3d 536.
The possibility that a certain
medication may no longer be an effective
treatment, or may not be taken
voluntarily, at some unspecified time in
the future is insufficient to justify the entry
of an order authorizing the immediate
administration of multiple other
medications. As such, the people failed to
meet the burden set forth under People in
Interest of Medina. People in Interest of
R.C., 2019 COA 99M, 451 P.3d 1229.
"Ten days" in subsection (5) means ten
total days, not ten business days, for the
purpose of determining a hearing date to
certify short-term treatment and involuntary
medication administration. People in Interest
of Ramsey, 2023 COA 95, 541 P.3d 1198.
For presence of respondent at hearing,
see Isham v. People, 82 Colo. 550, 262 P. 89
(1927).
For reopening of proceedings under
earlier provisions, see Wood v.
Throckmorton, 26 Colo. 248, 57 P. 699
(1899); Ex parte Rainbolt, 64 Colo. 581, 172
P. 1068 (1918); People ex rel. Best v.
County Court, 110 Colo. 249, 132 P.2d 799
(1942); In re People in Interest of Hill, 118
Colo. 571, 198 P.2d 450 (1948).
Assistant county attorney is absolutely
immune from suit concerning her actions
and omissions related to the fulfillment of
her statutory obligation pursuant to
former subsection (5) to conduct
commitment proceedings once the petition
for a 72-hour evaluation has been submitted.
Scott v. Hern, 216 F.3d 897 (10th Cir. 2000).
Applied in Sisneros v. District Court, 199
Colo. 179, 606 P.2d 55 (1980); In re A.W.,
637 P.2d 366 (Colo. 1981); In re P.F. v.
Walsh, 648 P.2d 1067 (Colo. 1982).
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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27-65-113.1. Hearing procedures.
(1) A hearing held pursuant to section 27 -65-108.5, 27-65-109, 27-65-109.5, 27-65-110, 27-
65-201, or 27 -65-202 must be conducted in the same manner as other civil proceedings before
the court.
(2) The court, after consultation with the respondent's counsel to obtain the counsel's
recommendations, may appoint a professional person to examine the respondent for whom a
certification for short-term treatment or long -term care and treatment is sought and testify at the
hearing as to the results of the professional person's examination. The court -appointed
professional person shall act solely in an advisory capacity, and no presumption is attached to the
professional person's findings.
(3) Upon request of a legal guardian appointed pursuant to article 14 of title 15, the legal
guardian may intervene in any proceeding brought pursuant to this article 65 concerning the legal
guardian's ward and, through counsel, may present evidence and represent to the court the views
of the legal guardian concerning the appropriate disposition of the case.
(4) A lay person may submit an affidavit to the court concerning the lay person's relationship
to the respondent, how long the lay person has known the respondent, the lay person's physical
address, and the lay person's views concerning the appropriate disposition of the respondent's
case.
Source: L. 2026: Entire section added, (SB 26-149), ch. 142, p. 751, § 16, effective May 21.
27-65-113.5. County attorney and district attorney responsibilities.
(1) The county attorney or district attorney in a county or city and county that has a
population equal to or less than fifty thousand people, or a qualified attorney acting as the county
or district attorney's designee who is appointed by the district court, has the following powers
and responsibilities:
(a) To file and appear on behalf of the county or state in all proceedings brought pursuant to
this article 65 or transferred from the criminal court pursuant to section 16 -8.5-118, unless
expressly relieved or modified by statute;
(b) To assist a nonprofessional individual who is attempting to initiate a request to the court
for an evaluation, pursuant to section 27 -65-106 (1)(b), of a person whom the nonprofessional
individual believes meets the criteria for a certification by providing information and assisting in
making filings to the court;
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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(c) To exercise due diligence in gathering information from available sources for use in
proceedings brought pursuant to this article 65; and
(d) To share and provide information about proceedings brought pursuant to this article 65 to
interested parties as allowable by law.
Source: L. 2026: Entire section added, (SB 26-149), ch. 142, p. 751, § 16, effective May 21.
27-65-114. Appeals.
(1) Appellate review of any order for certification for short -term treatment or long-term care
and treatment or for civil commitment may be had as provided in the Colorado appellate rules.
An appeal must be advanced upon the calendar of the appellate court and must be decided at the
earliest practicable time. Pending disposition by the appellate court, the court may make such
order as the court may consider proper in the premises relating to the care and custody of the
respondent.
(2) The court shall advise a respondent subject to an order for certification for short -term
treatment or long -term care and treatment or for civil commitment of the respondent's right to
appeal the order at the conclusion of any hearing.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3195, § 1,
effective August 10. L. 2026: Entire section amended, (SB 26 -149), ch. 142, p. 752, § 17,
effective May 21.
Editor's note: This section is similar to former § 27 -65-112 as it existed prior to 2022. For a
detailed comparison, see the comparative tables located in the back of the index.
ANNOTATION
Applied in Goedecke v. State Dept. of
Insts., 198 Colo. 407, 603 P.2d 123 (1979)
(decided prior to 2010 amendments to this
article).
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27-65-115. Habeas corpus.
Any person detained pursuant to this article 65 is entitled to an order in the nature of habeas
corpus upon proper petition to any court generally empowered to issue orders in the nature of
habeas corpus.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3195, § 1,
effective August 10.
Editor's note: This section is similar to former § 27-65-113 as it existed prior to 2022.
ANNOTATION
Applied in Goedecke v. State Dept. of
Insts., 198 Colo. 407, 603 P.2d 123 (1979)
(decided prior to 2010 amendments to this
article).
27-65-116. Restoration of rights.
Any person who, by reason of a judicial decree entered by a court of this state prior to July 1,
1975, is adjudicated as a person with a mental illness is deemed to have been restored to legal
capacity and competency.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3195, § 1,
effective August 10.
Editor's note: This section is similar to former § 27-65-114 as it existed prior to 2022.
ANNOTATION
Annotator's note. Since § 27 -65-116 is
similar to § 27 -65-114 as it existed prior to
the 2022 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
For the unconstitutionality of this
section as it existed prior to the 1977
amendment, see Estate of Phillips v.
People, 192 Colo. 273, 558 P.2d 438 (1976).
Applied in People v. Lane, 196 Colo. 42,
581 P.2d 719 (1978).
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27-65-117. Discrimination - definition.
No person who has received an evaluation or treatment pursuant to this article 65 may be
discriminated against for receiving an evaluation or treatment. For purposes of this section,
"discrimination" means giving any undue weight to the fact of hospitalization or outpatient care
and treatment unrelated to a person's present capacity to meet standards applicable to all persons.
Any person who suffers injury by reason of a violation of this section has a civil cause of action.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3195, § 1,
effective August 10; (1)(b) and (1)(c) repealed, (HB 22 -1256), ch. 451, p. 3240, § 56, effective
August 10.
Editor's note: (1) This section is similar to former § 27-65-115 as it existed prior to 2022.
(2) Subsections (1)(b) and (1)(c) were repealed in § 56 of HB 22 -1256, effective August 10,
2022. However, those repeals were superseded by the amendment of this entire article by § 1 of
HB 22-1256, effective August 10, 2022.
Cross references: For rights of persons in custody upon criminal charges, see part 4 of article
3 of title 16.
ANNOTATION
Applied in Goedecke v. State Dept. of
Insts., 198 Colo. 407, 603 P.2d 123 (1979)
(decided prior to 2010 amendments to this
article).
27-65-118. Right to treatment - rules.
(1) (a) Any person receiving an evaluation or treatment pursuant to this article 65 is entitled
to medical and psychiatric care and treatment, with regard to services listed in section 27 -50-301
and services listed in rules authorized by section 27 -66-102, suited to meet the person's
individual needs, delivered in such a way as to keep the person in the least -restrictive
environment, and delivered in such a way as to include the opportunity for participation of
family members in the person's program of care and treatment, when appropriate. A person
receiving an evaluation or treatment pursuant to this article 65 mus t not be denied care or
discharged due to an inability to pay. This subsection (1)(a) does not create any right with respect
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to any person other than the person receiving an evaluation, care, or treatment. The professional
person and the agency or facility providing an evaluation, care, or treatment shall keep records
detailing all care and treatment received by the person, and the records must be made available,
upon the person's written authorization, to the person's attorney or the person's personal
physician. The records are permanent records and must be retained in accordance with section
27-65-123 (4).
(b) Any person receiving an evaluation or treatment pursuant to this article 65 may petition
the court pursuant to section 13-45-102, for release to a less restrictive setting within or without a
treating facility or release from a treating facility when adequate medical and psychiatric care
and treatment are not administered.
(2) The BHA shall promulgate rules to assure that each agency or facility providing an
evaluation, care, or treatment requires the following:
(a) Consent for specific therapies and major medical treatment in the nature of surgery. The
nature of the consent, by whom it is given, and under what conditions, is determined by rules of
the BHA.
(b) The order of a physician for any treatment or specific therapy based on appropriate
medical examinations;
(c) Notation in the patient's treatment record of periodic examinations, evaluations, orders
for treatment, and specific therapies, signed by personnel involved;
(d) Conduct according to the guidelines contained in the regulations of the federal
government and the rules of the BHA with regard to clinical investigations, research,
experimentation, and testing of any kind; and
(e) Documentation of the findings, conclusions, and decisions in any administrative review
of a decision to release or withhold the information requested by a family member or lay person
pursuant to section 27 -65-123 (1)(g) or (1)(h) and documentation of any information given to a
family member or lay person.
Source: L. 2022: IP(2), (2)(a), and (2)(d) amended, (HB 22 -1278), ch. 222, p. 1540, § 119,
effective July 1; entire article amended with relocations, (HB 22 -1256), ch. 451, p. 3195, § 1,
effective August 10. L. 2025: (1)(a) amended, (HB 25 -1326), ch. 309, p. 1612, § 7, effective
August 6. L. 2026: (1)(a) amended, (SB 26-149), ch. 142, p. 752, § 18, effective May 21.
Editor's note: (1) This section is similar to former § 27-65-116 as it existed prior to 2022.
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(2) Subsection IP(2) was numbered as § 27 -65-116 IP(2) in HB 22 -1278 (see L. 2022, p.
1540). That provision was harmonized with subsection IP(2) of this section as it appears in HB
22-1256.
(3) Subsection (2)(a) was numbered as § 27 -65-116 (2)(a) in HB 22 -1278 (see L. 2022, p.
1541). That provision was harmonized with subsection (2)(a) of this section as it appears in HB
22-1256.
(4) Subsection (2)(d) was numbered as § 27 -65-116 (2)(d) in HB 22 -1278 (see L. 2022, p.
1541). That provision was harmonized with subsection (2)(d) of this section as it appears in HB
22-1256.
ANNOTATION
Law reviews. For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981). For
article, "Legal But Not Fair: Legal
Implications of a Mental Illness Medical
Model", see 11 Colo. Law. 1234 (1982). For
article, "Status Report: The 'Confidentiality
Law'", see 19 Colo. Law. 441 (1990).
Annotator's note. Since § 27 -65-118 is
similar to § 27 -65-116 as it existed prior to
the 2022 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Availability of records. Section 25-1-801
can be read consistently with subsection
(1)(a) as a specific exception to a general
policy of broad disclosure. Brown v. Jensen,
572 F. Supp. 193 (D. Colo. 1983).
Whether respondent is entitled to
treatment in least restrictive possible
environment is a matter for court, not
jury, to decide under habeas corpus
proceeding. People in Interest of Bailey,
745 P.2d 280 (Colo. App. 1987); People in
Interest of Lees, 745 P.2d 281 (Colo. App.
1987).
Voluntary patients as well as
involuntary patients are entitled to the
rights granted by this section. Goebel v.
State Dept. of Insts., 764 P.2d 785 (Colo.
1988); Goebel v. Colo. Dept. of Institutions,
830 P.2d 1036 (Colo. 1992).
This section applies to those who
voluntarily receive mental health services
and could not be voluntarily committed.
Goebel v. Colo. Dept. of Institutions, 830
P.2d 1036 (Colo. 1992).
Person need not be so mentally ill as to
be gravely disabled or a danger to himself
or others for purposes of this section.
Goebel v. Colo. Dept. of Institutions, 830
P.2d 1036 (Colo. 1992).
Person need not have been previously
hospitalized to be entitled to mental health
services. A person who has received either
evaluation or treatment services under the
Act is entitled to mental health services
specified in this section. Goebel v. Colo.
Colorado Revised Statutes 2026
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Dept. of Institutions, 830 P.2d 1036 (Colo.
1992).
Under the language of this section,
chronically mentally ill persons who have
received treatment, but who are not
gravely disabled or a danger to
themselves or others, have a right to
treatment if they received evaluation or
treatment under any provisions of this
article. Goebel v. Colo. Dept. of Institutions,
830 P.2d 1036 (Colo. 1992).
A person need not have had prior
hospitalization before such person is
entitled to treatment under this section.
Such person need only have received either
evaluation or treatment services under this
act to be eligible for treatment under this
section. Goebel v. Colo. Dept. of
Institutions, 830 P.2d 1036 (Colo. 1992).
Applied in Romero v. Schauer, 386 F.
Supp. 851 (D. Colo. 1974); Goedecke v.
State Dept. of Insts., 198 Colo. 407, 603
P.2d 123 (1979).
27-65-119. Rights of respondents certified for short-term treatment or long-term care
and treatment.
(1) Each respondent certified for short -term treatment or long-term care and treatment on an
inpatient basis pursuant to sections 27 -65-108.5, 27 -65-109, and 27 -65-110 has the following
rights and shall be advised of such rights by the facility:
(a) To be treated fairly, with respect and recognition of the respondent's dignity and
individuality, by all employees of the facility with whom the respondent comes in contact;
(b) To not be discriminated against on the basis of age, race, ethnicity, religion, culture,
spoken language, physical or mental disability, socioeconomic status, sex, sexual orientation,
gender identity, or gender expression;
(c) To retain and consult with an attorney at any time;
(d) To meet with or call a personal clinician, spiritual advisor, counselor, the 988 crisis
hotline, family member, workplace, child care provider, or school at all reasonable times;
(e) To continue the practice of religion;
(f) Within twenty-four hours after the respondent's request, to see and receive the services of
a patient representative who has no direct or indirect clinical, administrative, or financial
responsibility for the person;
(g) To receive and send sealed correspondence, as well as to be given the assistance of
facility staff if the respondent is unable to write, prepare, or mail correspondence. Facility staff
shall not open, delay, intercept, read, or censor mail or other communications or use mail or other
communications as a method to enforce compliance with facility staff.
Colorado Revised Statutes 2026
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(h) To have the respondent's behavioral health orders for scope of treatment or psychiatric
advance directive reviewed and considered by the court as the preferred treatment option for
involuntary administration of medications unless, by clear and convincing evidence, the
respondent's directive does not qualify as effective participation in behavioral health decision -
making;
(i) To have reasonable access to telephones or other communication devices and to make and
receive calls or communications in private;
(j) To have frequent and convenient opportunities to meet with visitors;
(k) To see the respondent's attorney, clergyperson, or physician at any time;
(l) To wear the respondent's own clothes, keep and use the respondent's own personal
possessions, including the person's cell phone, and keep and be allowed to spend a reasonable
sum of the respondent's own money;
(m) To have the respondent's information and records disclosed to family members and a lay
person pursuant to section 27-65-123;
(n) To have the respondent's treatment records remain confidential, except as required by
law;
(o) To have appropriate access to adequate water, hygiene products, and food and to have the
respondent's nutritional needs met in a manner that is consistent with recognized dietary
practices;
(p) To have personal privacy to the extent possible during the course of treatment; and
(q) To have access to a representative within the facility who provides assistance to file a
grievance.
(2) A respondent's rights under subsection (1) of this section may be denied if access to the
item, program, or service would endanger the safety of the respondent or another person in close
proximity and may only be denied by a person involved in the respondent's care. Denial of any
right must be entered into the respondent's treatment record. Information pertaining to a denial of
rights contained in the respondent's treatment record must be made available, upon request, to
the respondent, the respondent's legal guardian, or the respondent's attorney.
(3) A respondent admitted to or in a facility must not be fingerprinted unless required by
other provisions of law.
(4) A respondent may be photographed upon admission for identification and the
administrative purposes of the facility. The photographs are confidential and must not be released
by the facility except pursuant to court order. Nonmedical photographs shall not be taken or used
without appropriate consent or authorization.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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(5) Any respondent receiving evaluation or treatment under any of the provisions of this
article 65 is entitled to a written copy and verbal description in a language or modality accessible
to the person of all the rights enumerated in this section, and a minor child must receive written
notice of the minor's rights as provided in section 27 -65-104 (6)(g). A list of the rights must be
prominently posted in all evaluation and treatment facilities in the predominant languages of the
community and explained in a language or modality accessible to the respondent. The facility
shall assist the respondent in exercising the rights enumerated in this section.
(6) A facility shall not intentionally retaliate or discriminate against a person or employee for
contacting or providing information to any official or to an employee of any state protection and
advocacy agency, or for initiating, participating in, or testifying in a grievance procedure or in an
action for any remedy authorized pursuant to this section. Any facility that violates this
subsection (6) commits an unclassified misdemeanor and shall be fined not more than one
thousand dollars.
(7) Any respondent whose rights are denied or violated pursuant to this section has the right
to file a compliant against the facility with the behavioral health administration and the
department of public health and environment.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3196, § 1,
effective August 10; entire section amended, (HB 22 -1256), ch. 451, p. 3220, § 5, effective July
1, 2023. L. 2023: IP(1) amended, (HB 23 -1138), ch. 423, p. 2491, § 17, effective July 1, 2024.
L. 2025: (1)(d) amended, (SB 25-236), ch. 140, p. 531, § 7, effective July 1.
Editor's note: This section is similar to former § 27-65-117 as it existed prior to 2022.
Cross references: For rights of persons in custody upon criminal charges, see part 4 of article
3 of title 16.
ANNOTATION
Law reviews. For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981). For
article, "Legislative Update", see 13 Colo.
Law. 1419 (1984). For article, "In re
Romero: Sterilization and Competency", see
68 Den. U. L. Rev. 105 (1991).
Annotator's note. Since § 27 -65-119 is
similar to § 27 -65-117 as it existed prior to
the 2022 amendments to this article, relevant
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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cases construing that provision have been
included in the annotations to this section.
Treatment to be as minimally
restrictive as practicable. The primary
purpose of a civil commitment is to secure
such treatment as is suited to the needs of
the person under conditions which are as
least restrictive of liberty as practicable.
People v. Chavez, 629 P.2d 1040 (Colo.
1981).
Applied in Goedecke v. State Dept. of
Insts., 198 Colo. 407, 603 P.2d 123 (1979).
27-65-120. Administration or monitoring of medications to persons receiving treatment.
The commissioner has the power to direct the administration or monitoring of medications in
conformity with part 3 of article 1.5 of title 25 to persons receiving treatment in facilities
designated pursuant to this article 65.
Source: L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1541, § 120, effective
July 1; entire article amended with relocations, (HB 22 -1256), ch. 451, p. 3197, § 1, effective
August 10.
Editor's note: (1) This section is similar to former § 27-65-118 as it existed prior to 2022.
(2) This section was numbered as § 27 -65-118 in HB 22 -1278 (see L. 2022, p. 1541). That
provision was harmonized with this section as it appears in HB 22-1256.
27-65-121. Employment of persons in a facility - rules.
The BHA shall adopt rules governing the employment and compensation for the
administration of care or treatment to persons receiving care or treatment pursuant to this article
65. The BHA shall establish standards for reasonable compensation for such employment.
Source: L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1541, § 121, effective
July 1; entire article amended with relocations, (HB 22 -1256), ch. 451, p. 3197, § 1, effective
August 10.
Editor's note: (1) This section is similar to former § 27-65-119 as it existed prior to 2022.
(2) This section was numbered as § 27 -65-119 in HB 22 -1278 (see L. 2022, p. 1541). That
provision was harmonized with this section as it appears in HB 22-1256.
Colorado Revised Statutes 2026
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27-65-122. Voting in public elections.
Any person receiving evaluation, care, or treatment pursuant to this article 65 must be given
the opportunity to exercise the person's right to register and to vote in primary and general
elections. The agency or facility providing evaluation, care, or treatment shall assist the person,
upon the person's request, to obtain voter registration forms and mail ballots and to comply with
any other prerequisite for voting.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3197, § 1,
effective August 10.
Editor's note: This section is similar to former § 27-65-120 as it existed prior to 2022.
ANNOTATION
Law reviews. For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981).
Applied in Goedecke v. State Dept. of
Insts., 198 Colo. 407, 603 P.2d 123 (1979)
(decided prior to 2010 amendments to this
article).
27-65-123. Records.
(1) Except as provided in subsection (2) of this section, all information obtained and records
prepared in the course of providing any services to any person pursuant to any provision of this
article 65 are confidential and privileged matter. The information and records may be disclosed
only:
(a) In communications between qualified professionals, facility personnel, or state agencies
in the provision of services or appropriate referrals;
(b) When the recipient of services designates persons to whom information or records may
be released; but, if a recipient of services is a ward or conservatee and the ward's or conservatee's
guardian or conservator designates, in writing, persons to whom records or information may be
disclosed, the designation is valid in lieu of the designation by the recipient; except that nothing
in this section compels a physician, psychologist, social worker, nurse, attorney, or other
professional personnel to reveal information that has been given to the person in confidence by
members of a patient's family or other informants;
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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(c) To the extent necessary to make claims on behalf of a recipient of aid, insurance, or
medical assistance to which the recipient may be entitled;
(d) If the BHA has promulgated rules for the conduct of research. Such rules must include,
but are not limited to, the requirement that all researchers must sign an oath of confidentiality.
All identifying information concerning individual patients, including names, addresses,
telephone numbers, and social security numbers, must not be disclosed for research purposes.
(e) To the courts, as necessary for the administration of this article 65;
(f) To persons authorized by an order of court after notice and opportunity for hearing to the
person to whom the record or information pertains and the custodian of the record or information
pursuant to the Colorado rules of civil procedure;
(g) To family members upon admission of a person with a mental health disorder for
inpatient or residential care and treatment. The only information that may be released pursuant to
this subsection (1)(g) is the location and fact of admission of the person with a mental health
disorder who is receiving care and treatment. The disclosure of location is governed by the
procedures in section 27-65-124 and is subject to review pursuant to section 27-65-124.
(h) To family members or a lay person actively participating in the care and treatment of a
person with a mental health disorder, regardless of the length of the participation. The
information released pursuant to this subsection (1)(h) is limited to one or more of the following:
The diagnosis, the prognosis, the need for hospitalization and anticipated length of stay, the
discharge plan, the medication administered and side effects of the medication, and the short -
term and long-term treatment goals. The disclosure is governed by the procedures in section 27 -
65-124 (2) and is subject to review pursuant to section 27-65-124.
(i) In accordance with state and federal law to the agency designated pursuant to the federal
"Protection and Advocacy for Individuals with Mental Illness Act", 42 U.S.C. sec. 10801 et seq.,
as the governor's protection and advocacy system for Colorado.
(2) Nothing in subsection (1)(g) or (1)(h) of this section precludes the release of information
to a parent concerning the parent's minor child.
(3) (a) Nothing in this article 65 renders privileged or confidential any information, except
written medical records and information that is privileged pursuant to section 13 -90-107,
concerning observed behavior that constitutes a criminal offense committed upon the premises of
any facility providing services pursuant to this article 65 or any criminal offense committed
against any person while performing or receiving services pursuant to this article 65.
(b) Subsection (1) of this section does not apply to physicians or psychologists eligible to
testify concerning a criminal defendant's mental condition pursuant to section 16-8-103.6.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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(4) (a) All facilities shall maintain and retain permanent records, including all applications as
required pursuant to section 27-65-106 (3).
(b) Outpatient or ambulatory care facilities shall retain all records for a minimum of seven
years after discharge from the facility for persons who were eighteen years of age or older when
admitted to the facility, or until twenty -five years of age for persons who were under eighteen
years of age when admitted to the facility.
(c) Inpatient or hospital care facilities shall retain all records for a minimum of ten years
after discharge from the facility for persons who were eighteen years of age or older when
admitted to the facility, or until twenty -eight years of age for persons who were under eighteen
years of age when admitted to the facility.
(5) Nothing in this section prohibits or limits the sharing of information by a state institution
of higher education police department to authorized university administrators pursuant to section
23-5-141.
(6) Nothing in this section prohibits the limited disclosure of necessary information to the
prosecuting attorney and criminal defense counsel if a criminal case is still pending against the
person.
(7) (a) Court records in proceedings brought pursuant to this article 65 must be maintained
separately by the clerks of the several courts and the case number and proceedings must not be
made public or released, except as provided in this section.
(b) Upon the termination of a certification pursuant to section 27 -65-112 or the termination
of civil commitment pursuant to section 27 -65-202, the clerk of the court shall immediately seal
the record in the case and omit the respondent's name from the index of cases in the court until
and unless the respondent becomes subject to an order of certification for long -term care and
treatment pursuant to section 27 -65-110 and unless the court orders the records opened for good
cause shown. In the event a petition is filed pursuant to section 27 -65-110 or 27 -65-201, the
certification record may be opened and become part of the record in the certification for long -
term care and treatment case and the name of the respondent indexed.
(c) Notwithstanding subsection (7)(b) of this section, while a matter is pending or after it is
sealed, the court may disclose the existence of the proceeding, the case number, and court
records to the respondent or any attorney representing the respondent in any proceeding or matter
with a release signed by the respondent or pursuant to a court order. When a court order
specifically authorizing disclosure or a valid release for a record is presented to the clerk of the
court, the clerk shall acknowledge the existence of the case and provide the case number and
records to the respondent or authorized requestor possessing a court order or a release.
(8) When a certified peace officer initiates or participates in the initiation of an emergency
mental health hold as described in section 27 -65-106, the court, county attorney, or district
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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attorney conducting any subsequent proceedings pursuant to this article 65, and the provider who
conducts an evaluation or provides care, may, without court authorization, provide the certified
peace officer's agency with the following limited information, if available:
(a) Whether or not a professional person found the respondent met the criteria for
certification for short-term treatment pursuant to section 27-65-108.3 (1);
(b) Whether the respondent was released or remains in inpatient care and whether further
care is being provided to the respondent; and
(c) Whether or not further proceedings were initiated for a certification for short -term
treatment.
(9) Sealing records by the court does not prevent a party to related criminal cases, a party to
a proceeding brought pursuant to this article 65, the department, a professional person, or an
intervening professional with lawful possession of records from maintaining and using the
records, unless prohibited by law.
(10) A party to related criminal cases, a party to a proceeding brought pursuant to this article
65, the department, a professional person, or an intervening professional may seek to unseal case
records for good cause, which includes the need to use the records in other criminal proceedings
involving competency pursuant to article 8.5 of title 16 or proceedings brought pursuant to this
article 65.
(11) The district attorney may provide information to a victim when necessary to comply
with the "Victim Rights Act", part 3 of article 4.1 of title 24.
(12) (a) This article 65 does not require a covered entity, as defined in the federal "Health
Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d -9, to use
or disclose protected health information or other personally identifiable information in a manner
that is inconsistent with, or exceeds the requirements of, the federal law and its implementing
regulations, including 45 CFR 160 and 45 CFR 164.
(b) Consistent with the federal "Health Insurance Portability and Accountability Act of
1996", 42 U.S.C. secs. 1320d to 1320d-9, and its implementing regulations, a covered entity may
use or disclose protected health information for treatment, payment, and health -care operations,
including disclosures necessary to support care coordination and the management of an
individual's care, as authorized pursuant to 45 CFR 164.506.
(c) Any use or disclosure of protected health information pursuant to this article 65 must
comply with the minimum necessary standards set forth in 45 CFR 164.502 (b) and 45 CFR
164.514 (d), as applicable.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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Source: L. 2022: (1)(d) amended, (HB 22 -1278), ch. 222, p. 1541, § 122, effective July 1;
entire article amended with relocations, (HB 22-1256), ch. 451, p. 3198, § 1, effective August 10.
L. 2023: (1)(a) amended, (HB 23 -1236), ch. 206, p. 1067, § 39, effective May 16; (6) added,
(HB 23-1138), ch. 423, p. 2492, § 20, effective July 1, 2024. L. 2026: (7), (8), (9), (10), (11), and
(12) added, (SB 26-149), ch. 142, p. 753, § 19, effective May 21.
Editor's note: (1) This section is similar to former § 27-65-121 as it existed prior to 2022.
(2) Subsection (1)(d) was numbered as § 27 -65-121 (1)(d) in HB 22 -1278 (see L. 2022, p.
1541). That provision was harmonized with this section as it appears in HB 22-1256.
Cross references: For privilege of communication of physicians generally, see §§ 13 -90-107
(1)(d) and 13-90-108.
ANNOTATION
Law reviews. For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981). For
article, "Status Report: The 'Confidentiality
Law'", see 19 Colo. Law. 441 (1990).
Annotator's note. Since § 27 -65-123 is
similar to § 27 -65-121 as it existed prior to
the 2022 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Use of information in criminal
proceeding limited. No information
produced at a hearing on involuntary short -
term certification for psychiatric treatment
can be used to incriminate the person sought
to be committed in future criminal
proceedings, unless it is available to the
prosecution from other sources. People v.
Taylor, 618 P.2d 1127 (Colo. 1980).
In a federal criminal prosecution and
investigation, federal privilege law
preempts this more protective Colorado
privilege statute. In Re Grand Jury No. 91 -
1, 795 F. Supp. 1057 (D. Colo. 1992).
Because of the curtailment of personal
liberty that results from certification of
mental illness, strict adherence to the
procedural requirements in civil
commitment statutes is required. People in
Interest of Dveirin, 755 P.2d 1207 (Colo.
1988); People in Interest of Reynes, 870
P.2d 518 (Colo. App. 1993).
Psychologist-client privilege. In keeping
with the statutory goal of securing care and
treatment on an individual basis, this section
is intended as an authorization for a
psychologist to testify to observations
concerning an involuntarily detained person
when the issue before the court is whether
the statutory conditions for certification for
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short-term treatment have been satisfied.
People v. District Court, 797 P.2d 1259
(Colo. 1990); People v. Hynes, 917 P.2d 328
(Colo. App. 1996).
Applied in Brady v. Hopper, 570 F. Supp.
1333 (D. Colo. 1983).
27-65-124. Request for release of information - procedures - review of a decision
concerning release of information.
(1) When a family member requests the location and fact of admission of a person with a
mental health disorder pursuant to section 27-65-123 (1)(g), the treating professional person or
the professional person's designee, who must be a professional person, shall decide whether to
release or withhold such information. The location must be released unless the treating
professional person or the professional person's designee determines, after an interview with the
person with a mental health disorder, that release of the information to a particular family
member would not be in the best interests of the person with a mental health disorder. Any
decision to withhold information requested pursuant to section 27 -65-123 (1)(g) is subject to
administrative review pursuant to this section upon request of a family member or the person
with a mental health disorder. The treating facility shall make a record of the information given
to a family member pursuant to this subsection (1). For the purposes of this subsection (1), an
adult person having a similar relationship to a person with a mental health disorder as a spouse,
lay person, parent, child, or sibling of a person with a mental health disorder may also request the
location and fact of admission concerning a person with a mental health disorder.
(2) (a) When a family member requests information pursuant to section 27 -65-123 (1)(h)
concerning a person with a mental health disorder, the treating professional person or the
professional person's designee shall determine whether the person with a mental health disorder
is capable of making a rational decision in weighing the person's confidentiality interests and the
care and treatment interests implicated by the release of information. The treating professional
person or the professional person's designee shall then determine whether the person with a
mental health disorder consents or objects to the release of information. Information must be
released or withheld in the following circumstances:
(I) If the treating professional person or the professional person's designee makes a finding
that the person with a mental health disorder is capable of making a rational decision concerning
the person's interests and the person with a mental health disorder consents to the release of
information, the treating professional person or the professional person's designee shall order the
release of the information unless the professional person or the professional person's designee
determines that the release would not be in the best interests of the person with a mental health
disorder.
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(II) If the treating professional person or the professional person's designee makes a finding
that the person with a mental health disorder is capable of making a rational decision concerning
the person's interests and the person with a mental health disorder objects to the release of
information, the treating professional person or the professional person's designee shall not order
the release of the information.
(III) If the treating professional person or the professional person's designee makes a finding
that the person with a mental health disorder is not capable of making a rational decision
concerning the person's interests, the treating professional person or the professional person's
designee may order the release of the information if the professional person or the professional
person's designee determines that the release would be in the best interests of the person with a
mental health disorder.
(IV) Any determination as to capacity pursuant to this subsection (2)(a) must be used only
for the limited purpose of this subsection (2)(a).
(b) A decision by a treating professional person or the professional person's designee
concerning the capability of a person with a mental health disorder pursuant to subsection
(2)(a)(III) of this section is subject to administrative review upon the request of the person with a
mental health disorder. A decision by a treating professional person or the professional person's
designee to order the release or withholding of information pursuant to subsection (2)(a)(III) of
this section is subject to administrative review upon the request of either a family member or the
person with a mental health disorder.
(c) The director of the treating facility shall make a record of any information given to a
family member pursuant to subsection (2)(a) of this section and section 27-65-123 (1)(h).
(3) When administrative review is requested pursuant to subsection (1) or (2)(b) of this
section, the director of the facility providing care and treatment to the person with a mental
health disorder shall cause an objective and impartial review of the decision to withhold or
release information. The director of the facility shall conduct the review, if the director is a
professional person. If the director is not available or if the director cannot provide an objective
and impartial review, the review must be conducted by a professional person designated by the
director of the facility. The review must include, but need not be limited to, an interview with the
person with a mental health disorder. The facility providing care and treatment shall document
the review of the decision.
(4) If a person with a mental health disorder objects to the release or withholding of
information, the person with a mental health disorder and the person's attorney, if any, must be
provided with information concerning the procedures for administrative review of a decision to
release or withhold information. The person with a mental health disorder must be informed of
any information proposed to be withheld or released and to whom and be given a reasonable
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opportunity to initiate the administrative review process before information concerning the
person's care and treatment is released.
(5) A family member whose request for information is denied must be provided with
information concerning the procedures for administrative review of a decision to release or
withhold information.
(6) A person with a mental health disorder may file a written request for review by the court
of a decision made upon administrative review to release information to a family member
requested pursuant to section 27 -65-123 (1)(h) and proposed to be released pursuant to
subsection (2) of this section. If judicial review is requested, the court shall hear the matter
within ten days after the request, and the court shall give notice to the person with a mental
health disorder and the person's attorney, the treating professional person, and the person who
made the decision upon administrative review of the time and place of the hearing. The hearing
must be conducted in the same manner as other civil proceedings before the court.
(7) In order to allow a person with a mental health disorder an opportunity to seek judicial
review, the treating facility or the treating professional person or the professional person's
designee shall not release information requested pursuant to section 27 -65-123 (1)(h) until five
days after the determination upon administrative review of the director or the director's designee
is received by the person with a mental health disorder, and, once judicial review is requested,
the treating facility or the treating professional person or the professional person's designee shall
not release information except by court order. However, if the person with a mental health
disorder indicates an intention not to appeal a determination upon administrative review that is
adverse to the person concerning the release of information, the information may be released less
than five days after the determination upon review is received by the person with a mental health
disorder.
(8) This section provides for the release of information only and is not deemed to authorize
the release of the written medical record without authorization by the patient or as otherwise
provided by law.
(9) For purposes of this section, the treating professional person's designee shall be a
professional person.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3199, § 1,
effective August 10.
Editor's note: This section is similar to former § 27-65-122 as it existed prior to 2022.
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ANNOTATION
Law reviews. For article, "Status Report:
The 'Confidentiality Law'", see 19 Colo.
Law. 441 (1990).
27-65-125. Treatment in federal facilities.
(1) If a person is certified pursuant to this article 65 and is eligible for hospital care or
treatment by an agency of the United States, and if a certificate of notification from the agency
showing that facilities are available and that the person is eligible for care or treatment is
received, the court may order the person to be placed in the custody of the agency for
hospitalization. When any person is admitted pursuant to an order of court to any hospital or
institution operated by any agency of the United States within or outside this state, the person is
subject to the rules and regulations of the agency. The chief officer of any hospital or institution
operated by an agency in which the person is so hospitalized shall, with respect to the person, be
vested with the same powers as the chief officer of the Colorado mental health institute at Pueblo
with respect to detention, custody, transfer, conditional release, or discharge of patients.
Jurisdiction is retained in the appropriate courts of this state to inquire into the mental condition
of a person so hospitalized and to determine the necessity for continuance of the person's
hospitalization.
(2) An order of a court of competent jurisdiction of another state, territory, or the District of
Columbia authorizing hospitalization of a person to any agency of the United States has the same
effect as to the person while in this state as in the jurisdiction in which the court entering the
order is situated; the courts of the state or district issuing the order retain jurisdiction of the
person so hospitalized for the purpose of inquiring into the person's mental condition and for
determining the necessity for continuance of the person's hospitalization. Consent is given to the
application of the law of the state or district in which the court issuing the order for
hospitalization is located, with respect to the authority of the chief officer of any hospital or
institution operated in this state by any agency of the United States to retain custody, transfer,
conditionally release, or discharge the person hospitalized.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3202, § 1,
effective August 10; Entire section repealed, (HB 22 -1256), ch. 451, p. 3240, § 56, effective
August 10.
Editor's note: (1) This section was similar to former § 27-65-123 as it existed prior to 2022.
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(2) This section was repealed in § 56 of HB 22-1256, effective August 10, 2022. However, that
repeal was superseded by the amendment of this entire article by § 1 of HB 22 -1256, effective
August 10, 2022.
27-65-126. Transfer of persons into and out of Colorado - reciprocal agreements.
The transfer of a person hospitalized voluntarily pursuant to this article 65 out of Colorado or
under the laws of another jurisdiction into Colorado are governed by the provisions of the
interstate compact on mental health.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3202, § 1,
effective August 10; Entire section repealed, (HB 22 -1256), ch. 451, p. 3240, § 56, effective
August 10.
Editor's note: (1) This section is similar to former § 27-65-124 as it existed prior to 2022.
(2) This section was repealed in § 56 of HB 22-1256, effective August 10, 2022. However, that
repeal was superseded by the amendment of this entire article by § 1 of HB 22 -1256, effective
August 10, 2022.
Cross references: For the interstate compact on mental health, see part 10 of article 60 of title
24.
27-65-127. Imposition of legal disability - deprivation of legal right - restoration.
(1) (a) When an interested person wishes to obtain a determination as to the imposition of a
legal disability or the deprivation of a legal right for a person who has a mental health disorder
and who is a danger to the person's self or others, is gravely disabled, or is insane, as defined in
sections 16-8-101 and 16 -8-101.5, and who is not then subject to proceedings pursuant to this
article 65 or part 3 or part 4 of article 14 of title 15, the interested person may petition the court
for a specific finding as to the legal disability or deprivation of a legal right. Actions commenced
pursuant to this subsection (1) may include but are not limited to actions to determine contractual
rights and rights with regard to the operation of motor vehicles.
(b) The petition must set forth the disability to be imposed or the legal right to be deprived
and the reasons.
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(2) The court may impose a legal disability or may deprive a respondent of a legal right only
upon finding both of the following:
(a) That the respondent is a person with a mental health disorder and is a danger to the
respondent's self or others, is gravely disabled, or insane, as defined in section 16-8-101; and
(b) That the requested disability or deprivation is both necessary and desirable.
(3) Repealed.
(4) To have a legal disability removed or a legal right restored, any interested person may file
a petition with the court that made the original finding. No legal disability may be imposed nor a
legal right be deprived for a period of more than six months without a review hearing by the
court at the end of six months, at which time the findings specified in subsection (2) of this
section must be reaffirmed to justify continuance of the disability or deprivation. A copy of the
petition must be served on the person who filed the original petition, on the person whose rights
are affected if the person is not the petitioner, and upon the facility where the person whose
rights are affected resides, if any.
(5) Whenever any proceedings are instituted or conducted pursuant to this section, the
following procedures apply:
(a) Upon the filing of a petition, the court shall appoint an attorney to represent the
respondent. The respondent may replace the attorney with an attorney of the respondent's own
choosing at any time. Attorney fees for an indigent respondent are paid by the court.
(b) The court, upon request of an indigent respondent or the respondent's attorney, shall
appoint, at the court's expense, one or more professional persons of the respondent's choosing to
assist the respondent in the preparation of the respondent's case.
(c) Upon demand made at least five days prior to the date of hearing, the respondent has the
right to a trial of all issues by a jury of six.
(d) At all times the burden is upon the person seeking imposition of a disability or
deprivation of a legal right or opposing removal of a disability or deprivation to prove all
essential elements by clear and convincing evidence.
(e) Pending a hearing, the court may issue an order temporarily imposing a disability or
depriving the respondent of a legal right for a period of not more than ten days in conformity
with the standards for issuance of ex parte temporary restraining orders in civil cases, but no
individual habilitation or rehabilitation plan is required prior to the issuance of the order.
(f) Except as otherwise provided in this subsection (5), all proceedings must be held in
conformance with the Colorado rules of civil procedure, but no costs may be assessed against the
respondent.
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Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3203, § 1,
effective August 10. L. 2025: (1)(a) amended, (HB 25 -1058), ch. 15, p. 59, § 27, effective
August 6.
Editor's note: (1) This section is similar to former § 27-65-127 as it existed prior to 2022.
(2) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2025. (See L.
2022, p. 3203.)
ANNOTATION
Annotator's note. Since § 27 -65-127 is
similar to § 27 -10-125 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Equal protection not violated. There is a
rational basis for distinguishing between this
section and former § 27-10-107; the sections
address parties who are not similarly
situated. Curnow v. Yarbrough, 676 P.2d
1177 (Colo. 1984).
Court may issue order depriving
involuntarily committed person of the
legal right to possess weapons pursuant to
this section. People v. Pflugbeil, 834 P.2d
843 (Colo. App. 1992).
Subsection (1)(a)'s plain meaning
provides that an interested person may
initiate a court proceeding when (1) the
subject is insane, as defined in § 16 -8-101,
and (2) the person is not then subject to
proceedings under this article. The statute
presupposes that a not guilty by reason of
insanity adjudicated patient could be subject
to provisions under this article. The statute
also presupposes that not every not guilty by
reason of insanity patient is subject to this
article. Neiberger v. Hawkins, 239 F. Supp.
2d 1140 (D. Colo. 2002).
Applied in Brown v. Jensen, 572 F. Supp.
193 (D. Colo. 1983).
27-65-128. Administration - rules.
The BHA shall promulgate any rules and develop and distribute any applications or forms
necessary to consistently enforce the provisions of this article 65, including rules concerning
involuntary feeding tubes for individuals with an eating disorder. The BHA shall proactively
train providers, facilities, counties, judges, magistrates, intervening professionals, and certified
peace officers on the procedures under this article 65, which training must include an
understanding of the criteria for invoking an e mergency mental health hold pursuant to section
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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27-65-106, the definition of "gravely disabled" and how a person who is gravely disabled may
present physically and psychiatrically, and suggested templates and resources to be used by
facilities to meet the requirements of section 27-65-106 (8)(a)(III) and (8)(a)(VII).
Source: L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1541, § 123, effective
July 1; Entire article amended with relocations, (HB 22 -1256), ch. 451, p. 3204, § 1, effective
August 10. L. 2024: Entire section amended, (SB 24-117), ch. 443, p. 3093, § 2, effective June 6.
Editor's note: (1) This section is similar to former § 27-65-128 as it existed prior to 2022.
(2) Amendments to this section by HB 22-1256 and HB 22-1278 were harmonized.
27-65-129. Payment for counsel.
In order to provide legal representation to persons eligible for an attorney pursuant to this
article 65, the judicial department shall pay, out of money appropriated by the general assembly,
sums directly to the appointed attorney on a case -by-case basis or, on behalf of the state, shall
pay lump -sum grants to and contract with individual attorneys, legal partnerships, legal
professional corporations, public interest law firms, or nonprofit legal services corporations.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3204, § 1,
effective August 10.
Editor's note: This section is similar to former § 27-65-129 as it existed prior to 2022.
27-65-130. Advisory board - created - service standards and rules.
(1) (a) An advisory board, referred to in this section as the "board", is established for the
purpose of assisting and advising the commissioner in accordance with subsection (2) of this
section in the development of service standards and rules. The board consists of no fewer than
eleven but not more than fifteen members appointed by the governor, as follows:
(I) One representative from the department of human services;
(II) One representative from the BHA;
(III) One representative from the department of public health and environment;
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(IV) One representative from the university of Colorado health sciences center;
(V) One representative from a leading professional association of psychiatrists in this state;
(VI) One member representing proprietary skilled health-care facilities;
(VII) One member representing nonprofit health-care facilities;
(VIII) One member representing the Colorado bar association;
(IX) One member representing consumers of services for persons with mental health
disorders;
(X) One member representing families of persons with mental health disorders;
(XI) One member representing children's health-care facilities; and
(XII) Other persons from both the private and the public sectors who are recognized or
known to be interested and informed in the area of the board's purpose and function.
(b) In making appointments to the board, the governor is encouraged to include
representation by at least one member who is a person with a disability, as defined in section 24 -
34-301, a family member of a person with a disability, or a member of an advocacy group for
persons with disabilities, provided that the other requirements of this section are met.
(2) The advisory board is responsible for recommending standards and rules relevant to the
provisions of this article 65 for the programs of mental health services to those patients in any
health-care facility that has either separate facilities for the care, treatment, and rehabilitation of
persons with mental health disorders or those health -care facilities that have as the health -care
facility's only purpose the care and treatment of such persons.
Source: L. 2022: Entire section amended, (SB 22 -013), ch. 2, p. 70, § 93, effective February
25; IP(1)(a) and (1)(a)(II) amended, (HB 22 -1278), ch. 222, p. 1541, § 124, effective July 1;
Entire article amended with relocations, (HB 22 -1256), ch. 451, p. 3205, § 1, effective August
10. L. 2023: (1)(b) amended, (HB 23-1296), ch. 269, p. 1601, § 13, effective May 25.
Editor's note: (1) This section is similar to former §§ 27 -65-130 and 27 -65-131 as they
existed prior to 2022.
(2) This section was numbered as § 27 -65-131 in SB 22 -013 (see L. 2022, p. 70). That
provision was harmonized with this section as it appears in HB 22-1256.
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(3) Subsection IP(1)(a) was numbered as § 27 -65-131 (1)(a) in HB 22 -1278 (see L. 2022, p.
1541). That provision was harmonized with subsection IP(1)(a) of this section as it appears in
HB 22-1256.
(4) Subsection (1)(a)(II) was numbered as § 27 -65-131 (1)(c)(I) in HB 22 -1278 (see L. 2022,
p. 1542). That provision was harmonized with subsection (1)(a)(II) of this section as it appears in
HB 22-1256.
ANNOTATION
Law reviews. For article, "Patients'
Rights vs. Patients' Needs: The Right of the
Mentally Ill to Refuse Treatment in
Colorado", see 58 Den. L.J. 567 (1981).
27-65-131. Data report.
(1) On or before January 1 of each year, the BHA shall submit a report to the general
assembly on the outcomes and effectiveness of the involuntary commitment system described in
this article 65, disaggregated by region, including any recommendations to improve the system
and outcomes for persons involuntarily committed or certified pursuant to this article 65. The
report must include aggregated and disaggregated nonidentifying individual -level data. At a
minimum, the report must include:
(a) The number of seventy -two-hour emergency mental health holds that occurred in the
state and the number of people placed on a seventy -two-hour emergency mental health hold,
including:
(I) A summary of the reason each person was placed on an emergency mental health hold;
(II) Demographic information of each person placed on an emergency mental health hold;
(III) Disposition of each person placed on an emergency mental health hold;
(IV) How often a facility was required to ask for assistance from the BHA to find placement
for the person pursuant to section 27 -65-106 and if placement was found, the average length of
time a person had to wait for the placement and the challenges encountered in finding a
placement;
(V) How many subsequent emergency mental health holds were placed pursuant to section
27-65-106 due to a lack of appropriate placement options; and
(VI) How each emergency mental health hold originated, whether by a certified peace
officer; intervening professional, including specific professional type; or a court order;
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(b) The number and characteristics of each certification for short -term treatment, including
an extension of short-term treatment, and long-term care and treatment that occurred in the state,
including:
(I) The number of inpatient versus outpatient certifications;
(II) The reason for initiating each certification;
(III) The number of certifications initiated by a court order, professional person, or certified
peace officer;
(IV) The average length of each certification;
(V) The demographics of each individual on a certification for short-term treatment;
(VI) The services provided;
(VII) The services needed that were not available; and
(VIII) Any identified barriers preventing the provision of needed services;
(c) The outcome of each certification for short -term treatment and certification for long-term
care and treatment;
(d) The reason each certification was discontinued, disaggregated by those successfully
discharged; voluntarily discharged; transferred; not located; with treatment compliance concerns;
unable to transfer to another facility or provider, for lack of payment to treatment providers; and
for any other reasons;
(e) The person's housing and employment status when certification was discontinued;
(f) What services were provided versus what services were most frequently needed by people
certified on an outpatient basis;
(g) Barriers and opportunities with local providers, the judicial branch, and law enforcement;
(h) How many individuals were placed in the custody of the BHA on a certification for short-
term treatment who were concurrently involved in the criminal justice system, including the
outcomes of each person and any barriers and opportunities that may exist to better serve the
population;
(i) Information regarding certifications for short -term outpatient treatment filed pursuant to
section 27-65-109.5, including:
(I) The number of signed outpatient certifications:
(A) That identified a designated provider to hold the outpatient certification;
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(B) That did not identify a designated provider initially but identified a designated provider
within seven days after the signed outpatient certification was filed;
(C) That did not identify a designated provider initially but identified a provider more than
seven days after the signed outpatient certification was filed;
(D) That did not identify a designated provider and a provider was never designated;
(II) The average amount of time it took to identify a designated provider to hold the
outpatient certification if a designated provider was not initially identified but was later
identified; and
(III) Any available information on the frequency and reasons for denials and barriers to
identifying a designated provider to hold outpatient certifications; and
(j) Information regarding the frequency of denials and barriers to placements identified by
CDHS when providing care coordination pursuant to section 27 -65-108.5. CDHS shall provide
this information to the BHA at least annually.
Source: L. 2022: Entire article amended with relocations, (HB 22-1256), ch. 451, p. 3206, § 1,
effective August 10. L. 2026: IP(1) and (1)(g) amended and (1)(i) and (1)(j) added, (SB 26 -149),
ch. 142, p. 754, § 20, effective May 21.
27-65-132. Recognition of Tribal court commitment orders - applicability - process -
definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Behavioral health commitment order" or "commitment order" includes:
(I) Emergency mental health holds as described in section 27 -65-106 or as described in
Tribal codes;
(II) Certification for short -term treatment as described in section 27 -65-109 or as described
in Tribal codes;
(III) Long -term care and treatment of persons with mental health disorders as described in
section 27-65-110 or as described in Tribal codes;
(IV) An emergency commitment as described in section 27 -81-111 or as described in Tribal
codes;
(V) An involuntary commitment of a person with a substance use disorder as described in
section 27-81-112 or as described in Tribal codes; or
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(VI) A commitment order permitted by federal, state, or Tribal law.
(b) "State" means the state of Colorado.
(c) "Tribal court" means any court or other federally or tribally established tribunal of a
federally recognized Tribe duly established pursuant to federal law or Tribal law, including the
Courts of Indian Offenses, Ute Mountain Ute agency, organized pursuant to 25 CFR part 11.
(d) "Tribe" means the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, or a federally
recognized Tribe acknowledged by the "Federally Recognized Indian Tribe List Act of 1994",
Pub.L. 103-454, 108 Stat. 4791.
(2) The state, county, or municipal law enforcement agencies; state courts; hospitals;
behavioral health facilities; health -care providers; and others within the state responsible for
providing services to the person subject to a behavioral health commitment order shall recognize
a commitment order entered by the Tribal court of a federally recognized Tribe and that concerns
a person under the Tribal court's jurisdiction to the same extent as a commitment order entered
by a state court.
(3) A health -care provider may communicate with the officers of a Tribal court regarding a
patient under the health -care provider's care pursuant to a Tribal court commitment order
described in subsection (2) of this section, to the same extent that the health -care provider can
communicate with officers of a court pursuant to a state court commitment order.
Communications may include the nature of the treatment needed and provided, a patient's
medical and mental health status, the extent to which the patient poses a danger to the patient's
self or the community, and, if necessary, the need for additional treatment.
(4) If a Tribal court issues an order rescinding the Tribal court's original behavioral
commitment order, the state, county, or municipal law enforcement agencies; state courts;
hospitals; behavioral health facilities; health -care providers; and others within the state
responsible for providing services to the person subject to a behavioral health commitment order
shall recognize the order rescinding the Tribal court's original behavioral health commitment
order and release the person subject to the behavioral health commitment order.
(5) This section applies to people subject to Tribal court behavioral health commitment
orders.
Source: L. 2025: Entire section added, (SB 25-009), ch. 165, p. 670, § 2, effective May 5.
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PART 2
CIVIL COMMITMENT OF INCOMPETENT AND UNRESTORABLE PERSON
27-65-201. Court supervision of incompetent and unrestorable person ordered into civil
commitment - repeal.
(1) Once a criminal court has transferred jurisdiction of a civil commitment pursuant to
section 16-8.5-118 to a civil court with jurisdiction pursuant to section 27 -65-113, the civil court
has exclusive jurisdiction over the civil commitment.
(2) Upon receiving jurisdiction of a civil commitment, the civil court shall:
(a) Notify the county attorney;
(b) Appoint an attorney to represent the respondent and provide copies of any documents
sent from the criminal court to the respondent's attorney; and
(c) Set a review hearing and order the respondent brought before the court.
(3) At the review hearing, the court shall:
(a) Ensure the respondent is represented by counsel; and
(b) Advise the respondent of the following rights:
(I) The right to appear in person at any proceeding, unless waived by the respondent;
(II) The right to be represented by privately retained counsel, or court -appointed counsel if
the respondent does not have privately retained counsel, during any proceeding held pursuant to
this article 65, including any appeals;
(III) The right to request modification of the terms of the civil commitment; and
(IV) The right to periodic review of the civil commitment and the right to contest, including
by trial, whether the respondent qualifies for termination of civil commitment.
(4) At any time during the civil commitment, the court may:
(a) Modify any court order or any term of the civil commitment upon request of the parties
after giving the parties an opportunity to object and be heard;
(b) Issue a warrant for the respondent's arrest and order the respondent be brought before the
court if the court determines the respondent has failed to comply with any of the court's orders,
including the respondent's unauthorized departure from the physical custody of a provider;
(c) Order CDHS to provide to the court:
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(I) An updated opinion on whether the respondent meets the criteria for termination of civil
commitment pursuant to section 27-65-202; and
(II) An opinion on whether the respondent has an intellectual and developmental disability or
neurocognitive disorder, as those terms are defined in section 25.5 -10-501, without having any
other mental health disorder that is not an intellectual and developmental disability or
neurocognitive disorder and that substantially contributes to whether the respondent is a danger
to the respondent's self or a danger to others, or is gravely disabled.
(d) Upon the request of any party, the request of the individual or entity with physical care
and custody of the respondent, or the court's own motion, conduct a review of the respondent's
placement and enter any orders necessary for sharing or receiving information necessary to
review and modify the placement, unless the respondent is placed into inpatient care at the
discretion of CDHS;
(e) Order, as necessary, appropriate entities, including the sheriff, to bring the respondent
before the court or take the respondent to the placement where physical custody of the
respondent has been ordered;
(f) Appoint a legal guardian pursuant to article 14 of title 15; or
(g) Issue orders as necessary to effectuate and enforce the court's powers and responsibilities
pursuant to this section, including authorization for the reasonable use of force, warrants for the
arrest of the respondent, or contempt proceedings against a noncompliant individual or entity.
(5) (a) The court shall ensure the respondent is placed in the least -restrictive placement
adequate to protect the victim and the community and provide, to the greatest extent possible, the
appropriate level of care, treatment, and supervision of the respondent.
(b) If the respondent is not placed into inpatient care at the discretion of CDHS or if CDHS
proposes to move the respondent into or out of inpatient care, the court shall, prior to modifying
the civil commitment to change the respondent's provider or placement, review the
appropriateness of the proposed provider or placement, including whether the provider fits the
respondent's diagnosis and treatment needs and whether the placement sufficiently protects the
community from the substantial risk of serious harm to others posed by the respondent.
(c) Upon request, the court shall permit CDHS, the parties, or the appointed legal guardian
the opportunity to object and be heard prior to the court's decision. The court may permit
testimony if the court believes it would be helpful to the court's decision.
(d) When deciding whether to approve the new provider or placement, the court shall give
due deference to CDHS and the opinion of any medical professional on the appropriateness of
the provider and placement for the respondent, victims, and community, but deference must not
be given to CDHS or a medical professional as to whether the placement sufficiently protects any
victims and the community from the substantial risk of serious harm to others posed by the
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respondent. When considering the appropriateness of the placement for the respondent, victims,
and community, the court shall consider the totality of the circumstances, including:
(I) The respondent's statements and insights into the respondent's mental health disorder;
(II) The clinical diagnosis and clinical perspective on the respondent's current mental state
and prognosis;
(III) The respondent's willingness and demonstrated ability to voluntarily seek and comply
with a treatment plan in the reasonably foreseeable future;
(IV) Recent overt acts by the respondent to threaten, cause, or attempt to cause harm to the
respondent's self or others;
(V) Previous patterns of deterioration that resulted in the respondent's hospitalization, arrest,
or certification for short-term treatment;
(VI) Whether the respondent was found in a condition where the respondent was not able to
care for the respondent's own basic needs in order to avoid the risk of serious physical harm;
(VII) The frequency, recency, and severity of the considerations described in subsections
(5)(d)(II) to (5)(d)(VI) of this section and the likelihood that the conditions and events will
reoccur without inpatient treatment;
(VIII) Whether the respondent opposes the placement;
(IX) Whether community-based placement can be reasonably accommodated;
(X) The limited resources of the state and the needs of others; and
(XI) The placement recommendations of any treating professionals.
(e) The court shall not permit or order a respondent to be placed into a community -based
setting outside of inpatient care for the first time since being civilly committed unless:
(I) Any victims have been notified of a critical stage, as defined in section 24 -4.1-302
(2)(q.3), and given the opportunity to be heard; and
(II) The district attorney in the case that sought civil commitment or enhanced protective
placement has been notified and given an opportunity to object and be heard.
(f) If the court modifies the respondent's provider or placement, the court shall issue any
orders necessary to mitigate the respondent's risk to any victims or the community, including
ordering the provider to take reasonable and practicable protective measures to prevent the
respondent from contacting any victims; except that the court shall not order the respondent to
comply with any conditions that are not necessary to mitigate the respondent's risk or with which
the respondent cannot comply.
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(6) (a) If the court orders the respondent to be placed into inpatient care at the discretion of
CDHS, the executive director of CDHS shall designate the state facility at which the respondent
is held for care and treatment and may transfer the respondent from one facility to another if, in
the opinion of the executive director, it is appropriate to do so in the interest of the proper care,
custody, and treatment of the respondent or for the protection of the public or personnel at the
facilities in question.
(b) Notwithstanding subsection (6)(a) of this section, CDHS shall:
(I) Ensure the respondent is placed in the least -restrictive placement adequate to protect the
victim and the community and provide, to the greatest extent possible, the appropriate level of
care, treatment, and supervision of the respondent; and
(II) Not place the respondent in a community -based setting outside of inpatient care for the
first time since the respondent was civilly committed without prior approval of the court pursuant
to subsection (5) of this section.
(7) Termination of the civil commitment is governed by section 27-65-202.
(8) The provider charged with the physical care and custody of the respondent shall submit a
report to the court and the parties annually by the date the respondent was civilly committed
unless a substantially similar examination was ordered by the court within the previous twelve
months. The report must include:
(a) The provider's opinion about whether the respondent is appropriately placed and meets
the criteria for termination of the civil commitment pursuant to section 27-65-202;
(b) A summary of the materials reviewed, assessments conducted, and other bases of
opinions rendered;
(c) The respondent's diagnosis and whether the respondent's symptoms are in remission;
(d) A summary of the services or treatment provided to the respondent since the last report
and the respondent's progress;
(e) A summary of the respondent's compliance with treatment or services, including
information about medications currently prescribed to the respondent and whether the respondent
is compliant with taking the prescribed medications;
(f) An assessment of the respondent's risk of harm to others;
(g) A summary of the respondent's treatment or service needs by utilizing evidence -based
standards of individualized treatment and management of individuals civilly committed;
(h) A summary of the specific treatment or service options available to the respondent in the
community and the specific treatment or service options available to the respondent at a facility
designated by the executive director of CDHS;
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(i) A summary of whether and how ongoing risks could be mitigated if the respondent were
placed in the community; and
(j) Specific facts and evidence supporting each opinion made pursuant to subsection (8)(a) of
this section.
(9) The court may order any treatment or service provider who has agreed or who has been
ordered to provide services or treatment to the respondent to issue regular progress reports
containing information required pursuant to subsection (8) of this section or other information
deemed necessary for the court's supervision of the civil commitment, but the court shall not
require a provider to submit progress reports more frequently than every ninety days.
(10) (a) The court may, upon a showing of good cause, order CDHS to facilitate an
examination by a professional person regarding the respondent's progress with treatment and
whether the respondent meets the criteria for conversion of the civil commitment to an enhanced
protective placement, certification for short -term treatment, or short -term protective placement,
or meets the criteria for termination of the civil commitment pursuant to section 27 -65-202,
unless CDHS has facilitated a similar examination of the respondent in the past one hundred
twenty days. The respondent shall cooperate with any examinations ordered pursuant to this
subsection (10)(a).
(b) Statements made by the respondent during an examination conducted pursuant to this
subsection (10) must not be used in any criminal prosecution.
(c) Good cause includes a respondent's timely request for an evaluation that allows a
competency evaluator to provide a second opinion in response to the report provided pursuant to
subsection (8) of this section that opines that the respondent does not meet the criteria for
termination.
(11) This section is repealed, effective July 1, 2031.
Source: L. 2026: Entire part added, (SB 26-149), ch. 142, p. 755, § 21, effective May 21.
27-65-202. Termination of civil commitment - repeal.
(1) The court shall terminate a respondent's civil commitment ordered pursuant to section 27-
65-201 if the respondent:
(a) No longer poses a substantial risk of serious harm to others; or
(b) Does not have a mental health disorder that is likely to cause the respondent to be a
danger to the respondent's self or a danger to others and the respondent has demonstrated
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sufficient capacity and willingness to conform the respondent's conduct to the requirements of
the law.
(2) (a) If a treatment provider charged with the physical care and custody of the respondent
determines that the respondent meets the standard for termination from civil commitment
pursuant to subsection (1) of this section, the provider or the provider's designee shall report the
determination to the court that placed the respondent into the provider's care and custody, the
county attorney, and the district attorney who originally sought civil commitment or an enhanced
protective placement pursuant to section 16 -8.5-118. The court shall furnish a copy of any
reports received to the respondent and the respondent's counsel.
(b) The determination reported pursuant to subsection (2)(a) of this section must include:
(I) The treatment provider's opinion that the respondent meets the criteria for termination of
the civil commitment pursuant to subsection (1) of this section;
(II) An assessment of the respondent's risk of harm to others; and
(III) Specific facts and evidence supporting each opinion in the report, including a summary
of the materials reviewed, assessments conducted, and other bases of opinions rendered.
(3) (a) The respondent may request termination of the civil commitment in writing at any
time the respondent would not be prohibited from having a subsequent termination trial pursuant
to subsection (7) of this section.
(b) The court shall deny the request unless the request for termination includes an opinion
from a professional person that the respondent currently meets the criteria for termination of the
civil commitment pursuant to subsection (1) of this section.
(4) (a) If the court does not deny the request for termination without a hearing, the court shall
permit the county attorney and the district attorney who originally sought civil commitment or
enhanced protective placement pursuant to section 16 -8.5-118 fourteen days to object to
termination or request an opportunity to conduct an independent evaluation by an expert of the
county attorney's or district attorney's own choosing and expense.
(b) If neither the county attorney nor the district attorney objects or requests an opportunity
to request an independent evaluation, the court shall terminate the respondent's civil
commitment.
(c) If either the county attorney or the district attorney requests an opportunity to conduct an
independent evaluation, the court shall grant that request, order the respondent to comply with
the evaluation, and permit the county attorney or district attorney a reasonable period of time to
identify an expert, conduct the evaluation, and issue a report. If both the county attorney and
district attorney request an independent evaluation, the court shall treat the request as a joint
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request for a single independent evaluation. The cost of the independent evaluation must be paid
for by the requesting party.
(d) If the respondent does not cooperate with the evaluation, the court may grant additional
time or deny the respondent's request for termination.
(e) Upon receipt of the independent evaluation report, the county attorney or district attorney
must provide a copy to the respondent's counsel and the court within fourteen days.
(f) If neither the county attorney nor district attorney objects within the time permitted by the
court, the court shall terminate the respondent's civil commitment.
(5) (a) If either the county attorney or district attorney timely objects, the court shall, as soon
as practicable, bring the respondent before the court, ensure the respondent and the respondent's
counsel received a copy of the report, and advise the respondent of the right to demand a trial by
the court or the right to demand, in writing, a jury trial of not more than six individuals to
determine whether the respondent meets the criteria for termination pursuant to subsection (1) of
this section.
(b) If the respondent demands a trial before the court, the court shall schedule the trial to
begin within thirty -five days after the demand. If the respondent demands a jury trial, the court
shall schedule the trial to begin within seventy-two days after the demand. A delay attributable to
the respondent is excluded from the time limitations in this subsection (5)(b). If the court does
not begin the trial within the time permitted pursuant to this subsection (5)(b), the court shall
terminate the civil commitment and release the respondent from the provider's care and custody.
(c) If the county attorney does not object to termination but the district attorney does, the
district attorney has standing to serve as the county attorney for the limited purpose of trial and
any appeals related to the trial. The county attorney shall timely provide the district attorney all
information and records relevant to the trial in the county attorney's possession or control
without subpoena or court order. The district attorney's limited standing does not extend to any
other matters related to the civil commitment and terminates upon resolution of the trial and any
related appeals.
(6) (a) At the trial, if any evidence is introduced that shows the respondent does not meet the
criteria for termination of the civil commitment pursuant to subsection (1) of this section, the
respondent has the burden to show by a preponderance of the evidence that the respondent meets
the criteria for termination pursuant to subsection (1) of this section.
(b) If the trier of fact finds, by a preponderance of the evidence, that the respondent meets
the criteria for termination pursuant to subsection (1) of this section, the court shall order the
respondent released from the provider's care and custody and terminate the respondent's civil
commitment. If the trier of fact finds, by a preponderance of the evidence, that the respondent
does not meet the criteria for termination pursuant to subsection (1) of this section, the court
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shall continue the civil commitment and may enter or modify any orders to assist in progressing
the treatment of the respondent or that are necessary to protect the public.
(7) If the trier of fact finds the respondent does not meet the criteria for termination pursuant
to subsection (1) of this section, the respondent is not entitled to another termination trial within
one year after the conclusion of the previous trial for termination.
(8) If the respondent does not meet the criteria for termination pursuant to subsection (1) of
this section and has a mental health disorder that is an intellectual and developmental disability
or a neurocognitive disorder, as those terms are defined in section 25.5 -10-501, without having
any other mental health disorder that is not an intellectual and developmental disability or
neurocognitive disorder and that substantially contributes to whether the respondent is a danger
to the respondent's self or a danger to others, or is gravely disabled, the court shall convert the
civil commitment to an enhanced protective placement and may modify the terms of the
enhanced protective placement in accordance with section 25.5-10-507.
(9) If the defendant does not meet the criteria for termination pursuant to subsection (1) of
this section and has co -occurring mental health disorders that include an intellectual and
developmental disability or a neurocognitive disorder, as those terms are defined in section 25.5 -
10-501, the court may, upon the recommendation of CDHS, convert a civil commitment to an
enhanced protective placement and modify the terms of the enhanced protective placement in
accordance with section 25.5-10-507.
(10) This section is repealed, effective July 1, 2031.
Source: L. 2026: Entire part added, (SB 26-149), ch. 142, p. 761, § 21, effective May 21.
ARTICLE 65.5
Eating Disorder Treatment and Recovery Facilities
27-65.5-101. Eating disorder treatment and
recovery facilities - rules.
27-65.5-101. Eating disorder treatment and recovery facilities - rules.
(1) No later than January 1, 2026, the behavioral health administration, established in section
27-50-102, shall require all eating disorder treatment and recovery facilities to hold an
appropriate designation based on the level of care the facility provides, including facilities that
offer intensive outpatient treatment, partial hospitalization, residential programs, and inpatient
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programs. Licensed clinicians who are not facility -based and offer behavioral health therapy to
individuals with an eating disorder on an outpatient basis are not required to hold a designation.
(2) The state board of human services shall promulgate rules for eating disorder treatment
and recovery facilities that must:
(a) Allow a patient to request and have access to any medical examination, including a
weigh-in, without other patients present in the same room;
(b) Prohibit a treatment facility from requiring that a patient remove all clothing during a
weigh-in without providing clothing that sufficiently provides privacy and covers the patient's
body;
(c) Prohibit a treatment facility from requiring that a patient perform physical exercises
during a weigh -in, unless the treatment provider has sufficient cause to believe that the patient
would be at risk of harm, at which point the treatment provider shall document the need for
further investigation in the patient's medical record and ask the patient to perform any physical
exercise in a location with sufficient privacy and in a way that preserves the patient's dignity to
the greatest extent possible;
(d) Require a treatment facility to provide gender nonconforming and transgender patients
with the same restroom policies provided for cisgender patients;
(e) Prohibit a treatment facility from requiring that patients share a single stall with a staff
member or another patient while in the act of using the restroom;
(f) Require a treatment facility's policies to respect and accommodate a patient's sexual
orientation, gender identity, religion, and, unless clinically contraindicated, personal dietary
ethics;
(g) Require the presence of appropriate and qualified staff to treat a patient at all times,
including during weigh-ins, restroom time, vital sign checks, and behavioral health treatment and
group therapy. If a staff member performs multiple functions at a treatment facility, the rules
must ensure providers preserve and prioritize the therapeutic relationship between the staff
member and patient.
(h) Address the use of restraints and restriction of a patient's allowed bodily movement. The
rules must ensure that restriction of movement is never used as a form of punishment and that
patients are permitted a minimum amount of physical activity per day as clinically appropriate.
(i) Address the use of bed -based or room-based care, ensuring these practices are used as a
last resort and that staff meaningfully engage patients to avoid these restrictive measures; except
that this subsection (2)(i) does not apply to an eating disorder program in a general hospital
setting;
(j) Require a treatment facility to implement a trauma-informed treatment framework;
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(k) Establish the minimum rights each patient is entitled to at a treatment facility and require
that patient rights be publicly posted and provided to each patient electronically and in writing.
In addition, the formal grievance process for a patient to file a complaint against the treatment
facility through the behavioral health administration for an alleged violation of the patient's
rights must be publicly posted and provided to each patient electronically and in writing.
(l) Prior to involuntarily placing a feeding tube for a minor patient, require the eating
disorder treatment and recovery facility to obtain informed written consent from both the patient
and the patient's parent or legal guardian if the patient is fifteen years of age or older or from
only the patient's parent or legal guardian if the patient is fourteen years of age or younger. If a
patient is fifteen years of age or older and does not consent to or objects to the continued use of
an involuntary feeding tube, the patient may seek review pursuant to section 27-65-104 (6).
Source: L. 2024: Entire article added, (SB 24-117), ch. 443, p. 3091, § 1, effective June 6.
ARTICLE 66
Community Mental Health Services - Purchase
27-66-101. Definitions.
27-66-102. Administration - rules.
27-66-103. Community mental health
services - purchase
program.
27-66-104. Types of services purchased -
limitation on payments.
27-66-105. Standards for approval -
repeal. (Repealed)
27-66-106. Federal grants-in-aid and
other grants for mental
health and integrated
behavioral health services
- administration.
(Repealed)
27-66-107. Purchase of services by
courts, counties,
municipalities, school
districts, and other
political subdivisions.
(Repealed)
27-66-108. Institutes and training
programs. (Repealed)
27-66-109. Family mental health services
grant program - rural
areas - creation -
administration - report -
repeal. (Repealed)
27-66-110. Trauma-informed care
standards of approval.
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27-66-101. Definitions.
As used in this article 66, unless the context otherwise requires:
(1) Repealed.
(1.3) "Behavioral health administration" or "BHA" means the behavioral health
administration established in section 27-50-102.
(1.5) "Behavioral health entity" has the same meaning as defined in section 27-50-101.
(1.7) "Commissioner" means the commissioner of the behavioral health administration.
(2) to (6) Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 701, § 2,
effective April 29. L. 2017: IP, (1), IP(2), (3), and (6) amended, (SB 17-242), ch. 263, p. 1349, §
245, effective May 25. L. 2019: (1.5) added, (HB 19-1237), ch. 413, p. 3642, § 14, effective July
1, 2022. L. 2022: (1), (2), and (3) repealed and (1.5) amended, (HB 22-1278), ch. 222, p. 1583, §
213, effective July 1; (1.3) and (1.7) added and (4), (5), and (6) repealed, (HB 22 -1278), ch. 222,
p. 1542, § 125, effective July 1; (1.5)(a) amended, (HB 22 -1295), ch. 123, p. 864, § 117,
effective July 1.
Editor's note: (1) This section is similar to former § 27-1-201 as it existed prior to 2010.
(2) Subsection (1.5)(a) was amended in HB 22 -1295. Those amendments were superseded by
the amendment of subsection (1.5) in HB 22-1278.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-66-102. Administration - rules.
(1) The commissioner has the power and duty to administer and enforce the provisions of
this article 66.
(2) The state board of human services may adopt reasonable and proper rules to implement
this article 66 in accordance with the provisions of section 24 -4-103 and consistent with sections
27-90-102 and 27-90-103.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 702, § 2,
effective April 29. L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1542, § 126,
effective July 1.
Editor's note: This section is similar to former § 27-1-202 as it existed prior to 2010.
27-66-103. Community mental health services - purchase program.
In order to encourage the development of preventive, treatment, and rehabilitative services
through new community mental health programs, the improvement and expansion of existing
community mental health services, and the integration of community with state mental health
services, there is established a program to purchase community mental health services by the
BHA.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 702, § 2,
effective April 29. L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1542, § 127,
effective July 1.
Editor's note: This section is similar to former § 27-1-203 as it existed prior to 2010.
Cross references: For provisions on community -centered boards that provide services for
persons with developmental disabilities, see part 1 of article 10.5 of this title 27.
ANNOTATION
This program does not provide
substantive rights to community treatment
for chronically ill persons. Goebel v. State
Dept. of Insts., 764 P.2d 785 (Colo. 1988)
(decided prior to 2010 amendments to this
article).
27-66-104. Types of services purchased - limitation on payments.
Community mental health services may be purchased from behavioral health safety -net
providers that have been approved by the commissioner.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 702, § 2,
effective April 29. L. 2011: (4)(a) amended, (SB 11-225), ch. 189, p. 731, § 5, effective May 19.
L. 2012: (4)(a) amended, (HB 12-1247), ch. 53, p. 197, § 8, effective March 22. L. 2013: (4)(a)
amended, (HB 13-1181), ch. 74, p. 241, § 9, effective March 22. L. 2016: (4)(a) amended, (HB
16-1408), ch. 153, p. 471, § 23, effective May 4; (4)(b) repealed, (HB 16 -1408), ch. 153, p. 472,
§ 26, effective July 1. L. 2017: (4) amended, (SB 17-264), ch. 353, p. 1839, § 2, effective June 5.
L. 2019: (1), IP(2)(a), (2)(a)(II), (2)(a)(III), (2)(b), (3), and (6) amended and (2)(a)(IV) added,
(HB 19-1237), ch. 413, p. 3642, § 15, effective July 1, 2022. L. 2022: (1), (2)(b), (3), and (5)
amended, (HB 22-1278), ch. 222, p. 1542, § 128, effective July 1; Entire section amended, (HB
22-1278), ch. 222, p. 1587, § 215, effective July 1, 2024.
Editor's note: (1) This section is similar to former § 27-1-204 as it existed prior to 2010.
(2) Subsection (4)(c) provided for the repeal of subsection (4), effective September 1, 2017.
(See L. 2017, p. 1839.)
27-66-105. Standards for approval - repeal. (Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 704, § 2,
effective April 29. L. 2017: IP(1), (1)(f), and (2)(e) amended, (SB 17 -242), ch. 263, p. 1350, §
246, effective May 25. L. 2018: (1)(e) amended, (SB 18 -096), ch. 44, p. 475, § 19, effective
August 8. L. 2019: (1)(a), IP(2), and (3) amended and (1)(g) and (4) added, (HB 19 -1237), ch.
413, p. 3643, § 16, effective July 1, 2022. L. 2022: IP(1), (1)(d), IP(2), (3), and (4) amended,
(1)(g) repealed, and (5) added, (HB 22-1278), ch. 222, p. 1543, § 129, effective July 1.
Editor's note: (1) This section is similar to former § 27-1-205 as it existed prior to 2010.
(2) Subsection (5) provided for the repeal of this section, effective July 1, 2024. (See L. 2022,
p. 1543.)
27-66-106. Federal grants-in-aid and other grants for mental health and integrated
behavioral health services - administration. (Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 705, § 2,
effective April 29. L. 2018: Entire section amended, (SB 18 -096), ch. 44, p. 475, § 20, effective
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August 8. L. 2019: Entire section amended, (HB 19 -1237), ch. 413, p. 3638, § 4, effective
August 2; entire section amended, (HB 19 -1237), ch. 413, p. 3643, § 17, effective July 1, 2022.
L. 2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1544, § 130, effective July 1.
27-66-107. Purchase of services by courts, counties, municipalities, school districts, and
other political subdivisions. (Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 705, § 2,
effective April 29. L. 2019: Entire section amended, (HB 19 -1287), ch. 175, p. 2015, § 2,
effective May 14; entire section amended, (HB 19-1237), ch. 413, p. 3644, § 18, effective July 1,
2022. L. 2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1544, § 130, effective July 1.
27-66-108. Institutes and training programs. (Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 705, § 2,
effective April 29. L. 2022: Entire section repealed, (HB 22 -1278), ch. 222, p. 1544, § 130,
effective July 1.
27-66-109. Family mental health services grant program - rural areas - creation -
administration - report - repeal. (Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 705, § 2,
effective April 29.
Editor's note: (1) Subsection (5) provided for the repeal of this section, effective July 1, 2010.
(See L. 2010, p. 705.)
(2) This section was similar to former § 27-1-209 as it existed prior to 2010.
27-66-110. Trauma-informed care standards of approval.
The BHA shall establish care standards and an approval process that a qualified residential
treatment program, as defined in section 26 -6-903 (26), must meet to ensure that qualified
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residential treatment programs have a trauma -informed treatment model that addresses the needs
of children and youth with serious emotional or behavioral health disorders or disturbances.
Source: L. 2019: Entire section added, (HB 19-1308), ch. 256, p. 2462, § 12, effective August
2. L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1544, § 131, effective July 1;
Entire section amended, (HB 22-1295), ch. 123, p. 864, § 118, effective July 1.
Editor's note: Amendments to this section by HB 22-1278 and HB 22-1295 were harmonized.
ARTICLE 66.5
Community Transition Specialist Program
27-66.5-101. Short title.
27-66.5-102. Definitions.
27-66.5-103. Community transition
specialist program -
program requirements -
acceptance of referrals -
contract for services -
rules.
27-66.5-104. Data collection and
recommendations.
27-66.5-105. Reporting requirements -
"State Measurement for
Accountable, Responsive,
and Transparent
(SMART) Government
Act" report.
27-66.5-101. Short title.
The short title of this article 66.5 is the "Community Transition Specialist Program Act".
Source: L. 2018: Entire article added, (SB 18-270), ch. 223, p. 1421, § 1, effective May 21.
27-66.5-102. Definitions.
As used in this article 66.5, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
(2) "Commissioner" means the commissioner of the behavioral health administration.
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(3) "High-risk individual" means a person who:
(a) Has a significant mental health or substance use disorder, as evidenced by:
(I) An emergency mental health hold pursuant to section 27-65-106;
(II) A certification for short -term treatment or extended short -term treatment pursuant to
section 27-65-108.5 or 27-65-109;
(III) Long-term care and treatment pursuant to section 27-65-110;
(IV) An emergency commitment pursuant to section 27-81-111;
(V) An involuntary commitment pursuant to section 27-81-112; or
(VI) Receiving voluntary behavioral health services pursuant to section 27 -65-103, 27-65-
104, 27-81-109, or 27-81-110; and
(b) Repealed.
(c) Is not currently engaged or actively enrolled in consistent community -based behavioral
health treatment.
(4) Repealed.
(4.5) "Transition services" include, but are not limited to, one or more of the following
services:
(a) Access to housing or residential program placement;
(b) Access to behavioral health treatment or benefits;
(c) Advocacy to insurance companies and providers for the appropriate type and intensity of
mental health or substance use disorder services;
(d) Planning for follow -up services and coordination within the behavioral health system
after hospitalization or discharge from a withdrawal management facility, acute treatment service
facility, crisis stabilization service facility, or a hospital or an emergency department following a
visit for behavioral health reasons;
(e) Assistance with preparing advance directives;
(f) Obtaining a representative payee or guardian;
(g) Family supportive services; or
(h) Compliance with court appearances or probation.
(5) "Transition specialist" means a person who assists high -risk individuals with transition
services.
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(6) "Withdrawal management facility" means a facility that provides twenty -four-hour
supervised withdrawal from alcohol or drugs in a residential setting.
Source: L. 2018: Entire article added, (SB 18-270), ch. 223, p. 1421, § 1, effective May 21. L.
2020: (3)(a)(IV) and (3)(a)(V) amended, (SB 20 -007), ch. 286, p. 1416, § 53, effective July 13.
L. 2021: IP(3)(a), (3)(a)(IV), (3)(a)(V), (3)(c), and (5) amended, (3)(a)(VI) and (4.5) added, and
(3)(b) repealed, (HB 21 -1130), ch. 45, p. 190, § 1, effective April 20. L. 2022: (1) and (2)
amended and (4) repealed, (HB 22 -1278), ch. 222, p. 1544, § 132, effective July 1; (3)(a)(I),
(3)(a)(II), (3)(a)(III), and (3)(a)(VI) amended, (HB 22 -1256), ch. 451, p. 3236, § 43, effective
August 10. L. 2023: (3)(a)(II) amended, (HB 23 -1138), ch. 423, p. 2492, § 18, effective July 1,
2024.
27-66.5-103. Community transition specialist program - program requirements -
acceptance of referrals - contract for services - rules.
(1) The community transition specialist program is established in the behavioral health
administration. The program coordinates referrals of high -risk individuals from withdrawal
management facilities, facilities providing acute treatment services, facilities providing crisis
stabilization services, and hospitals or emergency departments to appropriate transition
specialists.
(2) On or before January 1, 2019, the program must be available statewide, subject to
available appropriations. The program must have a process to accept referrals for high -risk
individuals and coordinate contact between referred high -risk individuals and appropriate
transition specialists. To the extent possible, the coordinated contact must take place prior to the
release or discharge of the high-risk individual from a facility.
(3) The program must encourage, but cannot require, withdrawal management facilities,
facilities providing acute treatment services, facilities providing crisis stabilization services, and
hospitals or emergency departments to contact the program before releasing or discharging a
high-risk individual.
(4) The program may encourage, but cannot require, a high -risk individual to accept services
from a transition specialist. Participation by a high-risk individual is voluntary and the individual
has the right to decline community transition specialist services.
(5) The BHA may contract with a vendor to provide the referral and coordination services
required by this article 66.5.
(6) The state board of human services may promulgate rules necessary for the
implementation of this article 66.5.
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Source: L. 2018: Entire article added, (SB 18-270), ch. 223, p. 1423, § 1, effective May 21. L.
2021: (1), (2), (3), and (6) amended, (HB 21 -1130), ch. 45, p. 191, § 2, effective April 20. L.
2022: (1), (5), and (6) amended, (HB 22-1278), ch. 222, p. 1544, § 133, effective July 1.
27-66.5-104. Data collection and recommendations.
(1) The BHA shall collect information on the following:
(a) Current practices, criteria, and procedures regarding follow -up care for high -risk
individuals released or discharged from emergency or involuntary holds, certifications, or
commitments; and
(b) Existing capacity to serve high-risk individuals after release or discharge.
(2) On or before January 1, 2020, and on or before January 1 each year thereafter, the BHA
shall analyze the data collected in accordance with subsection (1) of this section and prepare
recommendations to increase access to, and coordination of, transition specialist services for
high-risk individuals. The recommendations must be reported to the commissioner and included
in the reporting requirements in section 27-66.5-105.
Source: L. 2018: Entire article added, (SB 18-270), ch. 223, p. 1423, § 1, effective May 21. L.
2022: IP(1) and (2) amended, (HB 22-1278), ch. 222, p. 1545, § 134, effective July 1.
27-66.5-105. Reporting requirements - "State Measurement for Accountable,
Responsive, and Transparent (SMART) Government Act" report.
The BHA shall report information on the community transition specialist program in the
BHA's annual presentation to the general assembly required under the "State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title
2.
Source: L. 2018: Entire article added, (SB 18-270), ch. 223, p. 1423, § 1, effective May 21. L.
2022: Entire section amended, (HB 22-1278), ch. 222, p. 1545, § 135, effective July 1.
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ARTICLE 67
Children and Youth Mental Health Treatment Act
27-67-101. Short title.
27-67-102. Legislative declaration.
27-67-103. Definitions.
27-67-104. Provision of mental health
treatment services for
children and youth.
27-67-105. Monitoring - reports.
27-67-106. Funding - rules.
27-67-107. Dispute resolution - rules.
27-67-108. Repeal of article. (Repealed)
27-67-109. Child and youth mental
health services standards
- advisory board.
27-67-101. Short title.
The short title of this article 67 is the "Children and Youth Mental Health Treatment Act".
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 708, § 2,
effective April 29. L. 2018: Entire section amended, (HB 18 -1094), ch. 343, p. 2037, § 1,
effective June 30.
Editor's note: This section is similar to former § 27-10.3-101 as it existed prior to 2010.
27-67-102. Legislative declaration.
(1) The general assembly finds that many parents in Colorado experience challenging
circumstances because their children have significant mental health needs. Many times, the
parents are loving, caring parents who have become increasingly frustrated in their attempts to
navigate the various governmental systems, including child welfare, mental health, law
enforcement, juvenile justice, education, and youth services, in an attempt to find help for their
children. Frequently in these situations, an action in dependency or neglect under article 3 of title
19 is neither appropriate nor warranted.
(2) The general assembly finds that it is desirable to assist children and youth with mental
health needs and their families. The general assembly further finds that it is desirable to make
mental health services more available to families who want treatment for their children. The
general assembly finds that it is in the best interest of the state to provide a full range of mental
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health treatment services, including residential care, to children and youth who are not eligible
for medicaid. The general assembly further finds that, although the mental health agencies are
responsible for providing or coordinating the full range of mental health treatment services,
including residential care, for those children and youth who have been found to be categorically
eligible for medicaid, there remains a population of children and youth in need of mental health
services who are not categorically eligible for medicaid. Accordingly, the general assembly
determines that it is appropriate to adopt a program pursuant to which a continuum of services
would be provided to these children and youth.
(3) The general assembly therefore finds that children and youth who are categorically
eligible for medicaid and who may be eligible for mental health treatment services, including
residential care, may need support in identifying clear appeals processes.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 708, § 2,
effective April 29. L. 2017: (1) amended, (HB 17-1329), ch. 381, p. 1984, § 64, effective June 6.
L. 2018: Entire section amended, (HB 18-1094), ch. 343, p. 2037, § 2, effective June 30.
Editor's note: This section is similar to former § 27-10.3-102 as it existed prior to 2010.
27-67-103. Definitions.
As used in this article 67, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
(1.3) "Behavioral health safety net provider" has the same meaning as defined in section 27 -
50-101.
(1.5) "Care management" includes, but is not limited to, consideration of the continuity of
care and array of services necessary for appropriately treating a child or youth and the decision -
making authority regarding the child's or youth's placement in and discharge from behavioral
health services.
(2) "Child or youth at risk of out -of-home placement" means a child or youth who, although
not otherwise categorically eligible for medicaid, meets the following criteria:
(a) The child or youth has been diagnosed as having a mental health disorder, as defined in
section 27-65-102;
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(b) The child or youth requires a level of care that is provided in a residential child care
facility pursuant to section 25.5 -6-903, or that is provided through community -based programs,
and who, without such care, is at risk of unwarranted child welfare involvement or other system
involvement, as described in section 27-67-102, in order to receive funding for treatment;
(c) If the child or youth is determined to be in need of placement in a residential child care
facility, he or she shall apply for supplemental security income, but any determination for
supplemental security income must not be a criterion for a child or youth to receive services
pursuant to this article 67;
(d) The child or youth is a person for whom there is no pending or current action in
dependency or neglect pursuant to article 3 of title 19; and
(e) The child or youth is younger than eighteen years of age, but he or she may continue to
remain eligible for services until his or her twenty-first birthday.
(2.5) "Commissioner" means the commissioner of the behavioral health administration.
(3) "Community -based care" means any intervention that is designed to be an alternative to
residential or hospital level of care in which the child or youth resides within a noninstitutional
setting.
(4) Repealed.
(5) "County department" means the county or district department of human or social
services.
(6) "Family advocate" has the same meaning as provided in section 27-69-102 (5).
(7) "Family systems navigator" has the same meaning as provided in section 27 -69-102
(5.5).
(8) "First -level appeal" means the initial process a medicaid member is required to enact to
contest a benefit, service, or eligibility decision made by medicaid or a medicaid managed care
entity.
(9) "Medicaid child or youth who is at risk of out -of-home placement" means a child or
youth who is categorically eligible for medicaid but who otherwise meets the definition of a
child or youth who is at risk of out -of-home placement as defined in subsection (2) of this
section.
(10) "Mental health agency" means a behavioral health services contractor through the
behavioral health administration serving children and youth statewide or in a particular
geographic area and with the ability to meet all expectations of this article 67.
(11) "Professional person" means a person licensed to practice medicine in this state, a
psychologist certified to practice in this state, or a person licensed and in good standing to
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practice medicine in another state or a psychologist certified to practice and in good standing in
another state who is providing medical or clinical services at a treatment facility in this state that
is operated by the armed forces of the United States, the United States public health service, or
the United States department of veterans affairs.
(12) Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 708, § 2,
effective April 29. L. 2017: IP, (2)(a), and IP(3) amended, (SB 17-242), ch. 263, p. 1350, § 247,
effective May 25. L. 2018: Entire section R&RE, (HB 18 -1094), ch. 343, p. 2038, § 3, effective
June 30; (5) amended, (SB 18 -092), ch. 38, p. 453, § 139, effective August 8; (2)(b) amended,
(HB 18-1328), ch. 184, p. 1244, § 7, effective June 7, 2019. L. 2022: (1) and (10) amended, (1.5)
and (2.5) added, and (12) repealed, (HB 22 -1278), ch. 222, p. 1545, § 136, effective July 1;
(2)(a) amended, (HB 22-1256), ch. 451, p. 3236, § 44, effective August 10; (1.3) added and (10)
amended, (HB 22 -1278), ch. 222, p. 1594, § 236, effective July 1, 2024; (4)(b) added by
revision, (HB 22-1278), ch. 222, pp. 1594, 1605, §§ 236, 263.
Editor's note: (1) This section is similar to former § 27-10.3-103 as it existed prior to 2010.
(2) Section 10 of chapter 184 (HB 18 -1328), Session Laws of Colorado 2018, provides that
section 7 of the act changing subsection (2)(b) takes effect upon notice to the revisor of statutes
pursuant to section 25.5 -5-306 (6) as enacted in section 2 of the act. For more information, see
HB 18-1328. (L. 2018, p. 1247.) On August 14, 2019, the revisor of statutes received the notice
referred to in § 25.5-5-306 (6) that the federal department of health and human services approved
the waiver on June 7, 2019.
(3) (a) Subsection (5) was numbered as subsection (4) in SB 18 -092. That provision was
harmonized with and relocated to subsection (5) as it appears in HB 18-1094.
(b) Amendments to subsection (2)(b) by HB 18 -1094 and HB 18 -1328 were harmonized,
effective June 7, 2019.
(4) Amendments to subsection (10) by sections 136 and 236 of HB 22 -1278 were harmonized,
effective July 1, 2024.
(5) Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2024. (See L.
2022, pp. 1594, 1605.)
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017. For the legislative declaration in SB 18 -092, see section 1 of
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chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 18 -1328, see
section 1 of chapter 184, Session Laws of Colorado 2018.
27-67-104. Provision of mental health treatment services for children and youth.
(1) (a) A parent or guardian may apply to a mental health agency on behalf of a child or
youth for mental health treatment services for the child or youth pursuant to this section, if the
parent or guardian believes the child or youth is at risk of out-of-home placement. The parent's or
guardian's request for services described in this section may be done with assistance from a
family advocate, family systems navigator, nonprofit advocacy organization, or county
department; however, the BHA is not obligated to pay for any services provided by entities with
which they do not contract. In such circumstances, the mental health agency is responsible for
evaluating the child or youth and clinically assessing the child's or youth's need for mental health
services and, when warranted, to provide treatment services as necessary and in the best interests
of the child or youth and the child's or youth's family. When evaluating a child or youth for
eligibility, the mental health agency shall use a standardized risk stratification tool, in a manner
determined by rule of the state board of human services. Following the evaluation of the child or
youth, the mental health agency shall provide a written notification to the child's or youth's
parent or guardian that includes a comprehensive list of potential treatment providers, with a
disclosure that the child's or youth's family may choose to seek services from the provider of
their choice, including but not limited to the mental health agency. The written notification must
also inform the child's or youth's family that they may request assistance from a family advocate,
family systems navigator, nonprofit advocacy organization, or county department; however, the
BHA is not obligated to pay for any services provided by entities with which they do not
contract. The BHA shall maintain a list of available providers on a public website and shall
update the website quarterly. The mental health agency is responsible for the provision of the
treatment services and care management, including any residential treatment, community -based
care, or any post -residential follow-up services that may be appropriate for the child's or youth's
needs or the child's or youth's family's needs. A dependency or neglect action pursuant to article
3 of title 19 is not required in order to allow a family access to residential mental health
treatment services for a child or youth.
(b) At the time of the assessment by the mental health agency, if requested services are
denied, or at the time when the mental health agency has recommended that the child or youth be
discharged from services, the mental health agency shall advise the family, both orally and in
writing, of the appeal process available to them. The mental health agency shall have two
working days within which to complete any internal appeal process. Within five working days
after the mental health agency's final denial o r recommendation for discharge, a parent or
guardian may request an objective third party at the BHA who is a professional person to review
the action of the mental health agency. A family advocate, family systems navigator, nonprofit
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advocacy organization, or county department may assist a family in filing an appeal; however,
the BHA is not obligated to pay for any services provided by entities with which they do not
contract. The review must occur within three working days of the parent's or guardian's request.
The professional person shall determine if the requested services are appropriate.
(1.5) (a) The parent or guardian of a medicaid child or youth who is at risk of out -of-home
placement may request, within five days after all first -level medicaid appeals processes are
exhausted, an objective third party at the BHA who is a professional person to review the service
request made to medicaid. A family advocate, family system navigator, or county department
may assist a family in filing an appeal. The review must occur within three working days of the
parent's or guardian's request.
(b) The administrative law judge considering the medicaid appeal for the medicaid child or
youth who is at risk of out -of-home placement shall take into consideration the objective third -
party review by the BHA as part of the administrative law judge's reconsideration and decision of
the medicaid service request.
(2) If at any time the mental health agency determines pursuant to section 19-3-304 that there
is reasonable cause to know or suspect that a child or youth has been subjected to abuse or
neglect, then the mental health agency shall immediately make a referral to the statewide child
abuse hotline established in section 26 -5-111 or the appropriate county department. Within ten
working days after the referral, if assigned for an assessment by the county department, a
representative of the mental health agency shall meet with the county department and the family.
Upon referral to the county department, if assigned for an assessment, the county department
shall proceed with the assessment to determine whether there is a sufficient basis to believe that
physical or sexual abuse or neglect or some other form of abuse or neglect of a child's or youth's
physical well-being has occurred.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 709, § 2,
effective April 29. L. 2018: Entire section amended, (HB 18 -1094), ch. 343, p. 2039, § 4,
effective June 30; (1)(a) amended, (HB 18 -1431), ch. 313, p. 1892, § 11, effective August 8. L.
2022: (1) and (1.5) amended, (HB 22-1278), ch. 222 , p. 1546, § 137, effective July 1.
Editor's note: (1) This section is similar to former § 27-10.3-104 as it existed prior to 2010.
(2) Amendments to subsection (1)(a) by HB 18-1094 and HB 18-1431 were harmonized.
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27-67-105. Monitoring - reports.
(1) On or before September 1, 2018, and by September 1 of each year thereafter, each mental
health agency shall report to the BHA the following information:
(a) The number of children and youth who are at risk of out -of-home placement and whose
parent or legal guardian requested residential or community -based care pursuant to section 27 -
67-104 to whom the following services were provided:
(I) An assessment pursuant to section 27-67-104 (1)(a);
(II) Community-based care;
(III) Residential treatment; or
(IV) Post-residential follow-up services;
(b) The number of children and youth who are at risk of out -of-home placement and for
whom a child abuse and neglect referral was made to the county department;
(c) The number of children and youth for whom either:
(I) An assessment was requested but not performed, and the reasons that the assessment was
not performed; or
(II) An assessment was performed but the mental health agency did not provide services
pursuant to this article 67, and the reasons that services were not provided, including whether the
family refused the services offered;
(d) The costs associated with the provision of the mental health treatment services described
in subsection (1)(a) of this section;
(e) The demographic information of the children, youth, and families served, as outlined by
the BHA;
(f) The outcomes of treatment for the children and youth served, as determined by the BHA
in consultation with mental health agencies, service providers, and families;
(g) The length of stay and funding totals for residential services and community -based care;
and
(h) The aggregate number of third -party reviews completed by the BHA for children served
pursuant to this article 67, delineated by children who are and are not categorically eligible for
medicaid.
(2) On or after January 1, 2019, the BHA shall make the information obtained pursuant to
subsection (1) of this section available to the public by posting it to the BHA's website. Any
information so posted must not include any personal health information.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 710, § 2,
effective April 29. L. 2018: Entire section R&RE, (HB 18-1094), ch. 343, p. 2041, § 5, effective
June 30; IP(1)(a) and (1)(b) amended, (HB 18 -1431), ch. 313, p. 1893, § 12, effective August 8.
L. 2022: IP(1), (1)(e), (1)(f), (1)(h), and (2) amended, (HB 22 -1278), ch. 222, p. 1547, § 138,
effective July 1.
Editor's note: (1) This section is similar to former § 27-10.3-105 as it existed prior to 2010.
(2) Subsections IP(1)(a) and (1)(b) were amended in HB 18 -1431, effective August 8, 2018.
However, those amendments were superseded by the repeal and reenactment of this section in
HB 18-1094, effective June 30, 2018.
27-67-106. Funding - rules.
(1) In order to make mental health treatment available, it is the intent of the general assembly
that mental health treatment provided pursuant to this article to each child described in section
27-67-103 (2) be provided by mental health agencies.
(2) (a) If neither the family's private insurance nor federal medicaid funding cover all of the
costs associated with the services provided to a child at risk of out -of-home placement pursuant
to this article, then the family is responsible for paying that portion that is not covered by private
insurance or federal medicaid funding on a sliding scale basis as set forth in subsection (3) of this
section. Any remaining portion of the services not covered by private insurance, federal medicaid
funding, or the family's share, shall be paid for from any moneys appropriated by the general
assembly for that purpose.
(b) Repealed.
(3) The state board of human services shall promulgate rules implementing a sliding scale
for the payment of services, including mental health treatment and room and board, that are not
covered by private insurance or federal medicaid funding. It is the intent of the general assembly
that subsidies provided by the state through general fund money must be used to assist the lowest
income families to ensure the maximum use of appropriate least restrictive treatment services
and to provide access to the greatest number of children and youth.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 712, § 2,
effective April 29. L. 2016: (2)(a) amended and (2)(b) repealed, (HB 16 -1408), ch. 153, p. 472,
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§§ 24, 26, effective July 1. L. 2018: (3) amended, (HB 18-1094), ch. 343, p. 2042, § 6, effective
June 30.
Editor's note: This section is similar to former § 27-10.3-106 as it existed prior to 2010.
27-67-107. Dispute resolution - rules.
(1) The BHA shall utilize, when appropriate, established grievance and dispute resolution
processes in order to assure that parents have access to mental health services on behalf of their
children.
(2) The state board of human services shall promulgate rules to assure that a grievance
process is available to parents concerning the provision of mental health services and to assure
that a dispute resolution process is available for disputes between the county departments and
mental health agencies.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 712, § 2,
effective April 29. L. 2022: (1) amended, (HB 22 -1278), ch. 222, p. 1547, § 139, effective July
1.
Editor's note: This section is similar to former § 27-10.3-107 as it existed prior to 2010.
27-67-108. Repeal of article. (Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 712, § 2,
effective April 29. L. 2018: Entire section repealed, (HB 18 -1094), ch. 343, p. 2043, § 7,
effective June 30.
Editor's note: This section was similar to former § 27-10.3-108 as it existed prior to 2010.
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27-67-109. Child and youth mental health services standards - advisory board.
(1) The advisory board established in subsection (2) of this section is responsible for
recommending standards and rules relevant to the provision of mental health services to children
and youth covered by this article 67.
(2) An advisory board to the BHA is established for the purpose of assisting and advising the
commissioner in accordance with this section in the development of service standards and rules.
The advisory board consists of not less than eleven nor more than fifteen members appointed by
the BHA as follows:
(a) One representative each from the BHA; the office of children, youth, and families; the
department of health care policy and financing; and a leading professional association of
psychiatrists in this state;
(b) One member representing nonprofit health-care facilities;
(c) One member representing children or youth consumers of services for persons with
mental health disorders;
(d) One member representing families of persons with mental health disorders;
(e) One member representing children's health-care facilities;
(f) One member representing a behavioral health safety net provider that performs
evaluations pursuant to this article 67;
(g) One member representing a county human or social services agency;
(h) One member representing individuals with intellectual and developmental disabilities;
and
(i) Other persons from both the private and the public sectors who are recognized or known
to be interested and informed in the area of the advisory board's purpose and function.
(3) In making appointments to the advisory board, the BHA must include representation by
at least one member who is a person with a disability, a family member of a person with a
disability, or a member of an advocacy group for persons with disabilities, provided that the
other requirements of subsection (2) of this section are met.
Source: L. 2018: Entire section added, (HB 18-1094), ch. 343, p. 2043, § 8, effective June 30.
L. 2019: (3) amended, (SB 19 -241), ch. 390, p. 3474, § 42, effective August 2. L. 2020: (3)
amended, (HB 20 -1392), ch. 132, p. 575, § 4, effective June 26. L. 2022: IP(2), (2)(a), and (3)
amended, (HB 22 -1278), ch. 222, p. 1548, § 140, effective July 1; (2)(f) amended, (HB 22 -
1278), ch. 222, p. 1595, § 237, effective July 1, 2024.
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ARTICLE 68
Mental Health Services Pilot Program for Families of Discharged Veterans of
Operation Enduring Freedom and Operation Iraqi Freedom
27-68-101 to 27-68-106. (Repealed)
Editor's note: (1) This article was added with relocations in 2010 containing provisions of
part 3 of article 1 of this title and was subsequently repealed in 2010. This article was not
amended prior to its repeal in 2010. For a detailed comparison of this article, see the comparative
tables located in the back of the index.
(2) Section 27 -68-106 provided for the repeal of this article, effective July 1, 2010. (See L.
2010, p. 715.)
ARTICLE 69
Family Advocacy Mental Health Juvenile Justice Programs
27-69-101 to 27-69-106. (Repealed)
Editor's note: (1) This article 69 was added in 2010. For amendments to this article 69 prior
to its repeal in 2021, consult the 2020 Colorado Revised Statutes and the Colorado statutory
research explanatory note beginning on page vii in the front of this volume.
(2) Section 27-69-106 provided for the repeal of this article 69, effective July 1, 2021. (See L.
2011, p. 198.)
(3) Section 27 -69-104 (3)(a) was amended in HB 21 -1187, effective July 1, 2024. Those
amendments were superseded by the repeal of this article 69, effective July 1, 2021.
ARTICLE 70
Medication Consistency for Individuals with Behavioral or Mental Health
Disorders in the Criminal and Juvenile Justice Systems
27-70-101. Legislative declaration. 27-70-102. Definitions.
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27-70-103. Medication consistency for
individuals with
behavioral or mental
health disorders in the
criminal and juvenile
justice systems -
medication formulary -
cooperative purchasing -
reporting - rules.
27-70-101. Legislative declaration.
(1) The general assembly finds and declares that:
(a) The lack of medication consistency for individuals with behavioral or mental health
disorders who are involved in the criminal and juvenile justice systems creates additional, often
serious, problems for these individuals;
(b) It is critical that the state increase the likelihood that a broad spectrum of effective
medications, including psychotropic medications, are available to these individuals, regardless of
setting or service provider;
(c) By working cooperatively with the criminal and juvenile justice systems and mental
health service providers, the state can help ensure medication consistency and also decrease
overall state costs through the use of a common and agreed upon medication formulary and
cooperative purchasing;
(d) Prior to its repeal in 2018, the medication consistency work group of the behavioral
health transformation council identified mental health medications that are essential and
preferred for a basic medication formulary that could be used across all public systems to
increase medication continuity for individuals with behavioral or mental health disorders in the
criminal and juvenile justice systems; and
(e) Increasing information sharing across systems and service providers about the importance
of medication consistency and the use of a common and agreed upon medication formulary and
cooperative purchasing will result in long -term benefits for the state and for individuals with
behavioral or mental health disorders who are involved in the criminal and juvenile justice
systems.
Source: L. 2017: Entire article added, (SB 17 -019), ch. 405, p. 2113, § 1, effective August 9.
L. 2018: (1)(d) amended, (SB 18-161), ch. 123, p. 831, § 5, effective September 1.
27-70-102. Definitions.
As used in this article 70, unless the context otherwise requires:
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(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
(2) "Facility" means a federally qualified health -care center, clinic, behavioral health entity,
institution, acute treatment unit, jail, facility operated by the department of corrections, or a
facility operated by the division of youth services.
(3) "Medication formulary" means the medication formulary established pursuant to section
27-70-103 for use by providers.
(4) Repealed.
(5) "Provider" means any person, facility, or government entity responsible for providing
mental health services related to the care and treatment of an individual with behavioral or
mental health disorders who is or was involved with the criminal or juvenile justice system.
Source: L. 2017: Entire article added, (SB 17 -019), ch. 405, p. 2114, § 1, effective August 9.
L. 2019: (2) amended, (HB 19-1237), ch. 413, p. 3644, § 19, effective July 1, 2022. L. 2022: (1)
amended and (4) repealed, (HB 22-1278), ch. 222, p. 1548, § 141, effective July 1; (2) amended,
(HB 22-1278), ch. 222, p. 1595, § 238, effective July 1, 2024.
27-70-103. Medication consistency for individuals with behavioral or mental health
disorders in the criminal and juvenile justice systems - medication formulary - cooperative
purchasing - reporting - rules.
(1) (a) Beginning December 1, 2017, the state board of human services, in consultation with
the department of corrections, shall promulgate rules that require providers under the
department's and the BHA's authority to use a medication formulary that has been developed
collaboratively by departments, agencies, and providers. Public hospitals and licensed private
hospitals may also, at their discretion, participate in the medication formulary. Using consulting
services as necessary, the department and the BHA shall also develop processes for education
and marketing related to information regarding the medication formulary and cooperative
purchasing opportunities for facilities and providers.
(b) For the sole purpose of ensuring medication consistency for persons with mental health
disorders in the criminal and juvenile justice systems, the department of corrections, counties, the
division of youth services, community mental health centers, and other providers shall share
patient-specific mental health and treatment information. All such information sharing must
comply with confidentiality requirements, including any necessary memorandums of
understanding between providers, set forth in the federal "Health Insurance Portability and
Accountability Act of 1996", 45 CFR parts 2, 160, 162, and 164.
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(2) Beginning July 1, 2018, the BHA shall have the following duties and responsibilities,
subject to available appropriations:
(a) On or before September 1, 2018, and every September 1 of every even -numbered year
thereafter, the BHA shall conduct a review of the medication formulary to address any urgent
concerns related to the formulary and to propose updates to the formulary. During this review,
the BHA shall also create the appropriate notification process for updates to the formulary.
(b) On or before July 1, 2019, and every two years thereafter as necessary, the BHA shall
conduct a review of the medication formulary to update the medication formulary and ensure
compliance with the medicaid formulary used by the department of health care policy and
financing.
(c) The BHA, in collaboration with the office of information technology, the office of e -
health innovation, the department of health care policy and financing, the department of public
safety, the department of corrections, and other agencies as appropriate, shall develop a plan by
which the patient-specific information required by subsection (1)(b) of this section can be shared
electronically, while still in compliance with confidentiality requirements, including any
necessary memorandums of understanding between providers, set forth in the federal "Health
Insurance Portability and Accountability Act of 1996", 45 CFR 2, 160, 162, and 164.
(d) (I) The BHA shall encourage providers that have been granted purchasing authority by
the department of personnel pursuant to section 24 -102-204 to utilize cooperative purchasing for
the medication formulary, as authorized pursuant to section 24 -110-201, unless the provider can
obtain the medication elsewhere at a lower cost. The use of cooperative purchasing may, and is
encouraged to, include external procurement activity, as defined in section 24 -110-101 (2), if the
external procurement activity aggregates purchasing volume to negotiate discounts with
manufacturers, distributors, and other vendors.
(II) Any external procurement activity, as defined in section 24 -110-101 (2), used by
providers for purposes of this article 70 is encouraged to include an ongoing drug utilization
review process. The purpose of the review process is to help ensure a structured, ongoing review
of health-care provider prescribing, pharmacist dispensing, and patient use of medication. The
review must include a comprehensive analysis of patients' prescription and medication data to
help ensure appropriate medication decision -making and positive patient outcomes by providing
educational feedback to providers on appropriate medication utilization.
(e) The BHA shall investigate and develop options for collaboration with local county jails to
coordinate medication purchasing.
(3) (a) Beginning in January 2019, and every January thereafter, the BHA and the department
of corrections shall report progress on the implementation and use of the medication formulary
and cooperative purchasing as part of the BHA's and department's "State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by
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section 2-7-203. The department and the BHA shall make such reports to the joint health and
human services committee and the joint judiciary committee, or any successor committees.
(b) This section is exempt from the provisions of section 24 -1-136 (11), and the periodic
reporting requirement of that section shall remain in effect until changed by the general assembly
acting by bill.
Source: L. 2017: Entire article added, (SB 17 -019), ch. 405, p. 2114, § 1, effective August 9.
L. 2018: (2)(e) amended, (SB 18 -161), ch. 123, p. 831, § 6, effective September 1. L. 2022:
(1)(a), IP(2), (2)(a), (2)(b), (2)(c), (2)(d)(I), (2)(e), and (3)(a) amended, (HB 22-1278), ch. 222, p.
1548, § 142, effective July 1.
ARTICLE 71
Mental Health Residential Facility
27-71-101. Legislative declaration.
27-71-102. Definitions.
27-71-103. Mental health residential
facilities - additional
beds.
27-71-104. Mental health residential
facilities - initial license
requirements - repeal.
(Repealed)
27-71-105. Mental health residential
facilities - licensing
requirements - rules.
27-71-101. Legislative declaration.
The general assembly finds and declares that there is an urgent need for community -based
mental health residential beds throughout the state to serve individuals who need the support of a
residential setting.
Source: L. 2022: Entire article added, (HB 22-1303), ch. 183, p. 1221, § 3, effective May 18.
27-71-102. Definitions.
As used in this article 71, unless the context otherwise requires:
(1) "Assisted living residence" has the same meaning as defined in section 25-27-102 (1.3).
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(2) "Behavioral health administration" or "BHA" means the behavioral health administration
established pursuant to section 27-60-203.
(3) "Behavioral health disorder" has the same meaning as defined in section 25-27.6-102 (5).
(4) "Behavioral health entity" has the same meaning as defined in section 25-27.6-102 (6).
(5) "Department" means the department of human services.
(6) "Level of care" means the intensity of effort required to diagnose, preserve, or maintain
an individual's physical or emotional status, with consideration toward creating a minimally
restrictive and homelike environment, when feasible and safe.
(7) "Long term facility" means a residential facility operated by a behavioral health entity or
assisted living residence with the intent to support, stabilize, and promote long -lasting recovery
by providing the appropriate level of care to patients with mental health disorders.
(8) "Mental health residential facility" or "mental health facility" means a residential mental
health facility operated by a behavioral health entity or an assisted living residence to serve
individuals with a mental health disorder who need the support of a long -term residential setting
including persons coming from a:
(a) Colorado mental health institute;
(b) Hospital designated as a placement facility for seventy -two hour evaluation and
treatment, and short-term and long-term support;
(c) Community behavioral health safety net provider;
(d) Walk-in crisis center, crisis stabilization unit, or acute treatment unit operating as part of
the behavioral health crisis response system; or
(e) Hospital emergency room.
Source: L. 2022: Entire article added, (HB 22-1303), ch. 183, p. 1221, § 3, effective May 18.
27-71-103. Mental health residential facilities - additional beds.
(1) (a) On or before July 1, 2024, the department and the department of health care policy
and financing shall jointly create, develop, or contract, which may include the cost of renovation
at private facilities, for at least an additional one hundred and twenty -five beds at mental health
residential facilities throughout the state based on the greatest areas of need. The beds in the
mental health facilities are available for adult individuals in need of ongoing supportive services,
but individuals with a severe mental illness or a dual diagnosis of mental illness and alcohol or
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substance use disorder must be prioritized. When available, the department shall use existing
department properties for the mental health facilities.
(b) At a minimum, the department shall ensure that the mental health residential facilities
offer the following services:
(I) Assistance with medication;
(II) Direct support personnel including assistance with activities of daily living;
(III) Intensive case management services;
(IV) Life skills training; and
(V) Non-medical transportation.
(c) The department and the department of health care policy and financing shall work
collaboratively to ensure the beds in the mental health facilities are eligible for federal funding
through the medical assistance program.
(2) (a) The beds at the mental health facilities created pursuant to this section are intended
primarily for adult individuals with serious mental illness or a co -occurring mental health and
substance use disorder in need of services. A mental health facility may also provide services to
an individual in need of competency restoration pursuant to article 8.5 of title 16 who does not
require imprisonment in a jail.
(b) The department, in collaboration with the behavioral health administration and the
department of health care policy and financing, shall prioritize placement for individuals in the
civil system who are leaving the mental health institutes at Pueblo and Fort Logan, civil
individuals being discharged from inpatient settings, individuals receiving involuntary mental
health treatment pursuant to article 65 of this title 27, and civil individuals in need of residential
services who are in a mental health crisis facility, acute care hospital, or in the community.
(c) The state department, in collaboration with the behavioral health administration and the
department of health care policy and financing, shall establish criteria for admissions and
discharge planning, quality assurance monitoring, appropriate length of stay, and compliance
with applicable federal law. For the mental health residential facilities created pursuant to this
section, admission criteria for facilities must include:
(I) Prioritization of people with serious mental illness who have complex or co -occurring
conditions as defined by the state department; and
(II) For treatment beds that do not serve individuals covered under a home - and community-
based waiver, offering priority placement to individuals under a certification for short -term or
extended short-term treatment pursuant to section 27 -65-108.5, 27-65-109, or 27 -65-109.5, and
long-term care and treatment pursuant to section 27-65-110 on an outpatient basis.
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(d) The state department shall collaborate with relevant stakeholders when establishing the
criteria described in subsection (2)(c) of this section.
(3) The department shall distribute the money for the creation of additional beds pursuant to
this section no later than December 30, 2024. Any person receiving money pursuant to this
section shall spend or obligate all money received in accordance with section 24-75-226 (4)(d).
Source: L. 2022: Entire article added, (HB 22 -1303), ch. 183, p. 1222, § 3, effective May 18.
L. 2024: (3) amended, (HB 24-1466), ch. 429, p. 2945, § 41, effective June 5. L. 2026: (2)(c)(II)
amended, (SB 26-149), ch. 142, p. 798, § 52, effective May 21.
Cross references: For the legislative declaration in HB 24 -1466, see section 1 of chapter 429,
Session Laws of Colorado 2024.
27-71-104. Mental health residential facilities - initial license requirements - repeal.
(Repealed)
Source: L. 2022: Entire article added, (HB 22 -1303), ch. 183, p. 1224, § 3, effective May 18.
L. 2023: (3) amended, (HB 23-1236), ch. 206, p. 1067, § 40, effective May 16.
Editor's note: Subsection (4) provided for the repeal of this section, effective September 1,
2024. (See L. 2022, p. 1224.)
27-71-105. Mental health residential facilities - licensing requirements - rules.
(1) On and after July 1, 2023, unless licensed as an assisted living facility, any person,
partnership, association, or corporation operating a mental health residential facility shall obtain
a license from the behavioral health administration. By July 1, 2023, the BHA shall promulgate
rules establishing minimum standards for the operation and licensing of mental health facilities.
The rules must address, at a minimum, health, safety, welfare, and programmatic and treatment
consideration.
(2) Notwithstanding the requirement of subsection (1) of this section, a mental health facility
need not be licensed as a mental health facility if the facility is:
(a) Licensed pursuant to article 27 of title 25; and
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(b) Providing services to individuals under a home - and community -based services for
persons with major mental health disorders waiver pursuant to part 6 of article 6 of title 25.5.
Source: L. 2022: Entire article added, (HB 22-1303), ch. 183, p. 1225, § 3, effective May 18.
ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE
DISORDERS
ARTICLE 80
Alcohol and Substance Use - Alcohol and Substance Use Disorders
PART 1
PROGRAMS AND SERVICES
27-80-101. Definitions.
27-80-102. Duties of the behavioral
health administration.
27-80-103. Grants for public programs.
27-80-104. Cancellation of grants.
27-80-105. Annual distribution of funds.
27-80-106. Purchase of prevention and
treatment services.
27-80-107. Designation of managed
service organizations -
purchase of services -
revocation of designation.
27-80-107.5. Increasing access to effective
substance use disorder
services act - managed
service organizations -
substance use disorder
services - assessment -
community action plan -
allocations - reporting
requirements - evaluation.
27-80-107.7. Increase synthetic opiate
treatment - report.
(Repealed)
27-80-107.8. Withdrawal management and
crisis service expansion -
appropriation.
27-80-108. Rules.
27-80-109. Coordination of state and
federal funds and
programs.
27-80-110. Reports. (Repealed)
27-80-111. Counselor training - fund
created - rules.
27-80-112. Legislative declaration -
treatment program for
high-risk pregnant
women - creation.
27-80-113. Substance use and addiction
counseling and treatment
- necessary components.
27-80-114. Treatment program for high-
risk pregnant and
parenting women -
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cooperation with
organizations.
27-80-115. Treatment program for high-
risk pregnant and
parenting women - data
collection.
27-80-116. Fetal alcohol spectrum
disorders - legislative
declaration - health
warning signs - federal
funding.
27-80-117. Rural alcohol and substance
abuse prevention and
treatment program -
creation - administration -
cash fund - definitions -
repeal.
27-80-118. Center for research into
substance use disorder
prevention, treatment, and
recovery support
strategies - established -
appropriation - legislative
declaration.
27-80-119. Care navigation program -
creation - reporting - rules
- legislative declaration -
definition. (Repealed)
27-80-120. Building substance use
disorder treatment
capacity in underserved
communities - grant
program. (Repealed)
27-80-121. Perinatal substance use data
linkage project - center
for research into
substance use disorder
prevention, treatment, and
recovery support
strategies - report.
27-80-122. Recovery residence certifying
body - competitive
selection process -
appropriation - repeal.
27-80-123. High-risk families cash fund -
creation - services
provided - report -
definition - repeal.
(Repealed)
27-80-124. Colorado substance use
disorders prevention
collaborative - created -
mission - administration -
report - repeal.
(Repealed)
27-80-125. Housing assistance for
individuals with a
substance use disorder -
report - rules -
appropriation.
27-80-126. Recovery support services
grant program - creation -
eligibility - reporting
requirements -
appropriation - rules -
definitions. (Repealed)
27-80-127. Children and youth in need of
residential mental health
and substance use
treatment - repeal.
27-80-128. Fentanyl education and
treatment program.
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27-80-129. Regulation of recovery
residences - rules -
definitions - repeal.
PART 2
CONTROLLED SUBSTANCES
27-80-201. Short title.
27-80-202. Legislative declaration.
27-80-203. Definitions.
27-80-204. License required - controlled
substances - repeal.
27-80-205. Issuance of license - fees.
27-80-206. Controlled substances
program fund -
disposition of fees.
27-80-207. Qualifications for license.
27-80-208. Denial, revocation, or
suspension of license -
other disciplinary actions
- notice.
27-80-209. Exemptions.
27-80-210. Records to be kept - order
forms.
27-80-211. Enforcement and
cooperation.
27-80-212. Records confidential.
27-80-213. Rules - policies.
27-80-214. Defenses.
27-80-215. Central registry - registration
required - notice - repeal.
27-80-216. Policy verifying identity.
PART 3
BEHA VIORAL HEALTH ACCESS TO
CARE OMBUDSMAN
27-80-301. Short title.
27-80-302. Definitions.
27-80-303. Office of ombudsman for
behavioral health access
to care - creation -
appointment of
ombudsman - duties.
27-80-304. Liaisons - department -
commissioner of
insurance.
27-80-305. Qualified immunity.
27-80-306. Annual report.
PART 1
PROGRAMS AND SERVICES
Editor's note: This part 1 was added with relocations in 2010 containing provisions of part 2
of article 1 of title 25. Former C.R.S. section numbers are shown in editor's notes following those
sections that were relocated. For a detailed comparison of this part 1, see the comparative tables
located in the back of the index.
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27-80-101. Definitions.
As used in this article 80, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
(2) "Commissioner" means the commissioner of the behavioral health administration.
(2.3) "Department" means the department of human services created in section 26-1-105.
(2.6) "Designated service area" means the geographical substate planning area specified by
the commissioner to be served by a behavioral health administrative services organization, as
described in section 27-80-107.
(3) Repealed.
(4) "Fetal alcohol spectrum disorder" or "FASD" means a continuum of permanent birth
defects caused by maternal consumption of alcohol during pregnancy. "FASD" includes, but is
not limited to, fetal alcohol syndrome.
(4.7) Repealed.
(5) "Public program" means a program concerning the problems of alcohol or drug abuse
sponsored by a county, district, or municipal public health agency, county department of human
or social services, court, probation department, law enforcement agency, school, school system,
board of cooperative services, Indian tribal reservation, or state agency. "Public program"
includes any alcohol or drug abuse treatment program required as a condition of probation under
part 2 of article 11 of title 16, any alcohol or drug abuse program administered by the division of
adult parole under article 2 of title 17, any community correctional facility or program
administered under article 27 of title 17, and any alcohol or drug abuse treatment program
administered by the division of youth services under title 19.
(6) and (7) Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 721, § 2,
effective April 29; (5) amended, (HB 10 -1422), ch. 419, p. 2091, § 85, effective August 11. L.
2011: (7) repealed, (HB 11 -1144), ch. 65, p. 173, § 3, effective August 10. L. 2017: IP and (2)
amended, (4.7) added, and (6) repealed, (SB 17 -242), ch. 263, p. 1353, § 253, effective May 25;
IP and (5) amended, (HB 17 -1329), ch. 381, p. 1985, § 66, effective June 6. L. 2018: (5)
amended, (SB 18-092), ch. 38, p. 453, § 140, effective August 8. L. 2022: (1) and (2) amended,
(2.3) and (2.6) added, and (3) and (4.7) repealed, (HB 22 -1278), ch. 222, p. 1549, § 143,
effective July 1; (2.6) amended, (HB 22-1278), ch. 222, p. 1597, § 244, effective August 10.
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Editor's note: (1) This section is similar to former § 25-1-201 as it existed prior to 2010.
(2) Subsection (5) was numbered as § 25 -1-201 (4) in House Bill 10 -1422 (see L. 2010, p.
2091) but was relocated due to its harmonization with this section as it was added by Senate Bill
10-175.
Cross references: For the legislative declaration in the 2011 act repealing subsection (7), see
section 1 of chapter 65, Session Laws of Colorado 2011. For the legislative declaration in SB 17-
242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration
in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
27-80-102. Duties of the behavioral health administration.
(1) The behavioral health administration is a type 2 entity, as defined in section 24 -1-105,
and is responsible for the powers, duties, and functions relating to the alcohol and drug driving
safety program specified in section 42 -4-1301.3. The behavioral health administration shall
formulate a comprehensive state plan for substance use disorder treatment programs. The
behavioral health administration shall submit the state plan to the governor and, upon the
governor's approval, submit it to the appropriate United States agency for review and approval.
The state plan must include, but not be limited to:
(a) A survey of the need for the prevention and treatment of alcohol and drug abuse,
including a survey of the health facilities needed to provide services and a plan for the
development and distribution of facilities and programs throughout the state;
(b) A plan for programs to educate the public in the problems of alcohol and drug abuse;
(c) A survey of the need for trained teachers, health professionals, and others involved in the
prevention and treatment of alcohol and drug abuse and the rehabilitation of abusers, and a plan
to provide the necessary training for such persons;
(d) Provisions for the periodic review and updating of the state plan, which shall take place
at least annually.
(2) The department, acting by and through the behavioral health administration, is designated
as the sole state agency for the supervision of the administration of the state plan.
(3) Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 722, § 2,
effective April 29. L. 2017: IP(1) and (2) amended, (SB 17 -242), ch. 263, p. 1353, § 254,
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effective May 25. L. 2021: (3) added, (SB 21 -239), ch. 266, p. 1548, § 4, effective June 18. L.
2022: IP(1) amended, (SB 22 -162), ch. 469, p. 3379, § 78, effective August 10. L. 2023: IP(1)
and (2) amended, (HB 23-1236), ch. 206, p. 1067, § 41, effective May 16.
Editor's note: This section is similar to former § 25-1-202 as it existed prior to 2010.
Cross references: (1) For the legislative declaration in SB 17 -242, see section 1 of chapter
263, Session Laws of Colorado 2017.
(2) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968'
Modernization Act") in SB 21 -162, see section 1 of chapter 469, Session Laws of Colorado
2022.
27-80-103. Grants for public programs.
(1) The BHA may make grants, from money appropriated by the general assembly for
purposes of this section or available from any other governmental or private source, to approved
public programs.
(2) A public program may provide, but need not be limited to, any of the following:
(a) Acute medical services, including emergency services and detoxification;
(b) Case finding, diagnosis, treatment, counseling, individual or group psychotherapy, after -
care treatment, and other rehabilitation services;
(c) Education and counseling regarding the use and abuse of alcohol and drugs;
(d) Programs for prevention of alcohol and drug abuse administered by the department of
public health and environment;
(e) Training of teachers, health professionals, and others in the field of alcohol and drug
abuse and addiction counseling;
(f) Coordination of existing services and the development of other needed services through
demonstration and evaluation projects; or
(g) Services to pregnant women who are alcohol and drug dependent through demonstration
and evaluation projects.
(3) In approving any public program, the BHA shall take into consideration the following:
(a) The community need for the public program;
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(b) The range of services to be provided;
(c) The integration of the public program with, and the participation of, other public and
nongovernmental agencies, organizations, institutions, and individuals, and their services and
facilities, if any, that are available to assist the public program;
(d) The adequacy of the public program to accomplish its purposes; and
(e) Any other information the BHA deems necessary.
(4) Applications for grants made pursuant to subsection (1) of this section are made to the
BHA, on forms furnished by the BHA, and must contain any information the BHA requires.
Wherever possible, the BHA shall give priority to public programs that are community-based and
include services to children and juveniles as well as adults, that provide a comprehensive range
of services, and that evidence a high degree of community support, either financial or in the
furnishing of services and facilities, or both.
(5) Whenever the BHA or any department or agency of the state has money available from
any source for public programs, the BHA, department, or agency is authorized to distribute the
money in accordance with the state plan and to make reasonable rules for the administration of
the public programs.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 722, § 2,
effective April 29. L. 2017: (1), IP(3), (3)(e), (4), and (5) amended, (SB 17 -242), ch. 263, p.
1354, § 255, effective May 25. L. 2022: (1), (2)(d), IP(3), (3)(e), (4), and (5) amended, (HB 22 -
1278), ch. 222, p. 1550, § 145, effective July 1.
Editor's note: This section is similar to former § 25-1-203 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-104. Cancellation of grants.
(1) The BHA may cancel a grant for any public program for any of the following reasons:
(a) There is no longer a need for the public program.
(b) Funds for the public program are not available.
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(c) The public program does not meet the standards or requirements adopted by the BHA or
does not conform to the comprehensive state plan for substance use disorder treatment programs.
(2) Before canceling a grant for the reasons set forth in subsection (1)(c) of this section, the
BHA shall notify the person or agency in charge of the public program of the deficiency in the
program, and the person or agency must be given a reasonable amount of time to correct the
deficiency.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 723, § 2,
effective April 29. L. 2017: IP(1), (1)(c), and (2) amended, (SB 17-242), ch. 263, p. 1354, § 256,
effective May 25. L. 2022: IP(1), (1)(c), and (2) amended, (HB 22 -1278), ch. 222, p. 1551, §
146, effective July 1.
Editor's note: This section is similar to former § 25-1-204 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-105. Annual distribution of funds.
Funds for public programs shall be distributed annually, if available.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 724, § 2,
effective April 29.
Editor's note: This section is similar to former § 25-1-205 as it existed prior to 2010.
27-80-106. Purchase of prevention and treatment services.
(1) Using money appropriated for purposes of this section or available from any other
governmental or private source, the BHA may purchase services for prevention or for the
treatment of alcohol and drug abuse or substance use disorders or both types of services on a
contract basis from any tribal nation or any public or private agency, organization, or institution
approved by the BHA. The services purchased may be any of those provided through a public
program, as set forth in section 27 -80-103 (2). In contracting for services, the BHA shall attempt
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to obtain services that are in addition to, and not a duplication of, existing available services or
services that are of a pilot or demonstration nature. An agency operating a public program may
also purchase services on a contract basis.
(2) (a) In addition to the services purchased pursuant to subsection (1) of this section, using
money appropriated for purposes of this section or available from any other governmental or
private source, the BHA may purchase services for the treatment of alcohol and drug abuse or
substance use disorders on a contract basis from a behavioral health administrative services
organization for a designated service area as set forth in section 27 -80-107. A public or private
agency, organization, or institution approved by the BHA through the process set forth in section
27-80-107 may be designated as a behavioral health administrative services organization.
(b) Behavioral health administrative services organizations receiving money pursuant to this
subsection (2) shall comply with all relevant provisions of and rules promulgated pursuant to this
article 80.
(3) Repealed.
(4) As of July 1, 2022, the department of public health and environment is the state
department responsible for the administration of prevention services pursuant to this section.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 724, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1355, § 257,
effective May 25. L. 2019: (3) added, (SB 19 -228), ch. 276, p. 2605, § 9, effective May 23. L.
2022: (1) and (2)(a) amended and (4) added, (HB 22 -1278), ch. 222, p. 1551, § 147, effective
July 1; (2)(a) and (2)(b) amended, (HB 22-1278), ch. 222, p. 1597, § 245, effective August 10.
Editor's note: (1) This section is similar to former § 25-1-206 as it existed prior to 2010.
(2) Subsection (3)(c) provided for the repeal of subsection (3), effective September 1, 2020.
(See L. 2019, p. 2605.)
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
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27-80-107. Designation of managed service organizations - purchase of services -
revocation of designation.
(1) The behavioral health administration shall establish designated service areas to provide
substance use disorder treatment and recovery services in a particular geographical region of the
state.
(2) To be selected as a designated managed service organization to provide services in a
particular designated service area, a private corporation, for profit or not for profit, or a public
agency, organization, or institution shall apply to the behavioral health administration for a
designation in the form and manner specified by the commissioner or the commissioner's
designee. The designation process is in lieu of a competitive bid process pursuant to the
"Procurement Code", articles 101 to 112 of title 24. The commissioner or the commissioner's
designee shall make the designation based on factors established by the commissioner or the
commissioner's designee. The factors for designation established by the executive director or the
executive director's designee include the following:
(a) Whether the managed service organization has experience working with public treatment
agencies and collaborating with other public agencies;
(b) Whether the managed service organization has experience working with publicly funded
clients, including expertise in treating priority populations designated by the behavioral health
administration;
(c) Whether the managed service organization has offices in and provides services in the
substate planning area or is willing to relocate to the substate planning area;
(d) Whether the managed service organization has experience using the cost -share principles
used by the behavioral health administration in its contracts with providers and is willing to cost -
share;
(e) Whether the managed service organization has developed an effective, integrated
information and fiscal reporting system and has experience working with and is able to comply
with state and federal reporting requirements;
(f) Whether the managed service organization has experience engaging in a clinical quality
improvement process; and
(g) Whether the managed service organization has experience with public funding
requirements and state contracting requirements.
(2.5) (a) On or before January 1, 2023, in order to promote transparency and accountability,
the behavioral health administration shall require each managed service organization that has
twenty-five percent or more ownership by providers of behavioral health services to comply with
the following conflict of interest policies:
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(I) Providers who have ownership or board membership in a managed service organization
shall not have control, influence, or decision -making authority in how funding is distributed to
any provider or the establishment of provider networks.
(II) The behavioral health administration shall quarterly review a managed service
organization's funding allocation to ensure that all providers are being equally considered for
funding. The behavioral health administration is authorized to review any other pertinent
information to ensure the managed service organization is meeting state and federal rules and
regulations and is not inappropriately giving preference to providers with ownership or board
membership.
(III) An employee of a contracted provider of a managed service organization shall not also
be an employee of the managed service organization unless the employee is a medical director
for the managed service organization. If the medical director is also an employee of a provider
that has board membership or ownership in the managed service organization, the managed
service organization shall develop policies, approved by the commissioner of the behavioral
health administration, to mitigate any conflict of interest the medical director may have.
(IV) A managed service organization's board shall not have more than fifty percent of
contracted providers as board members, and the managed service organization is encouraged to
have a community member on the managed service organization's board.
(b) If the office is unable to contract with a managed service organization that meets the
requirements of this subsection (2.5), the office may designate another existing managed service
organization to temporarily provide the services for that region, for up to one year, pending
designation of a new managed service organization. If the office is unable to designate a new
managed service organization, the temporary managed service organization may continue to
provide the regional substance use disorder services on a year by year basis.
(c) As used in this subsection (2.5), unless the context otherwise requires:
(I) "Medical director" means a physician who oversees the medical care and other designated
care and services in a managed service organization. The medical director may be responsible for
helping to develop clinical quality management and utilization management.
(II) "Ownership" means an individual who is a legal proprietor of an organization, including
a provider or individual who owns assets of an organization, or has a financial stake, interest, or
governance role in the managed service organization.
(3) The designation of a managed service organization by the commissioner, as described in
subsection (2) of this section, is an initial decision of the department that may be reviewed by the
executive director in accordance with the provisions of section 24 -4-105. Review by the
executive director in accordance with section 24 -4-105 constitutes final agency action for
purposes of judicial review.
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(4) (a) The terms and conditions for providing substance use disorder treatment and recovery
services must be specified in the contract entered into between the behavioral health
administration and the designated managed service organization. Contracts entered into between
the behavioral health administration and the designated managed service organization must
include terms and conditions prohibiting a designated managed service organization contracted
treatment provider from denying or prohibiting access to medication -assisted treatment, as
defined in section 23-21-803, for a substance use disorder.
(b) Contracts entered into between the behavioral health administration and the designated
managed service organization must include terms and conditions that outline the expectations for
the designated managed service organization to invest in the state's recovery services
infrastructure, which include peer -run recovery support services and specialized services for
underserved populations. Investments are based on available appropriations.
(5) The contract may include a provisional designation for ninety days. At the conclusion of
the ninety -day provisional period, the commissioner may choose to revoke the contract or,
subject to meeting the terms and conditions specified in the contract, may choose to extend the
contract for a stated time period.
(6) A managed service organization that is designated to serve a designated service area may
subcontract with a network of service providers to provide treatment and recovery services for
alcohol and drug abuse and substance use disorders within the particular designated service area.
(7) (a) The commissioner may revoke the designation of a designated managed service
organization upon finding that the managed service organization is in violation of the
performance of the provisions of or rules promulgated pursuant to this article 80. The revocation
must conform to the provisions and procedures specified in article 4 of title 24, and occur only
after notice and an opportunity for a hearing is provided as specified in article 4 of title 24. A
hearing to revoke a designation as a designated managed service organization constitutes final
agency action for purposes of judicial review.
(b) Once a designation has been revoked pursuant to subsection (7)(a) of this section, the
commissioner may designate one or more service providers to provide the treatment services
pending designation of a new designated managed service organization or may enter into
contracts with subcontractors to provide the treatment services.
(c) From time to time, the commissioner may solicit applications from applicants for
managed service organization designation to provide substance use disorder treatment and
recovery services for a specified planning area or areas.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 724, § 2,
effective April 29. L. 2017: (1), IP(2), (2)(b), (2)(d), (3), (4), (5), (6), and (7) amended, (SB 17 -
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242), ch. 263, p. 1355, § 258, effective May 25. L. 2020: (4) amended, (SB 20 -007), ch. 286, p.
1390, § 2, effective July 13. L. 2021: (1), (4), (6), and (7)(c) amended, (HB 21-1021), ch. 256, p.
1510, § 3, effective September 7. L. 2022: (2.5) added, (SB 22 -106), ch. 196, p. 1312, § 3,
effective May 20. L. 2023: (1), IP(2), (2)(b), (2)(d), IP(2.5)(a), (2.5)(a)(II), (3), (4), (5), and (7)
amended, (HB 23-1236), ch. 206, p. 1067, § 42, effective May 16.
Editor's note: This section is similar to former § 25-1-206.5 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-107.5. Increasing access to effective substance use disorder services act -
managed service organizations - substance use disorder services - assessment - community
action plan - allocations - reporting requirements - evaluation.
(1) The short title of this section is the "Increasing Access to Effective Substance Use
Disorder Services Act".
(2) On or before February 1, 2017, each behavioral health administrative services
organization designated pursuant to section 27 -80-107 shall assess the sufficiency of substance
use disorder services within its geographic region for adolescents ages seventeen and younger,
young adults ages eighteen through twenty -five, pregnant women, women who are postpartum
and parenting, and other adults who are in need of such services. During the community
assessment process, each behavioral health administrative services organization shall seek input
and information from appropriate behavioral health entities, county departments of human or
social services, local public health agencies, substance use disorder treatment providers, law
enforcement agencies, probation departments, organizations that serve veterans or homeless
individuals, and other relevant stakeholders. The community assessment must include an
analysis of existing funding and resources within the community to provide a continuum of
substance use disorder services, including prevention, intervention, treatment, and recovery
support services, for adolescents ages seventeen and younger, young adults ages eighteen
through twenty -five, pregnant women, women who are postpartum and parenting, and other
adults who are in need of such services.
(3) (a) On or before March 1, 2017, each behavioral health administrative services
organization that has completed a community assessment pursuant to subsection (2) of this
section shall prepare and submit in electronic format to the BHA and the department of health
care policy and financing a community action plan to increase access to effective substance use
disorder services, referred to in this section as the "community action plan". The community
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action plan must summarize the results of the community assessment and include a description of
how the behavioral health administrative services organization will utilize its allocation of
funding from the marijuana tax cash fund created in section 39 -28.8-501 to address the most
critical service gaps in its geographic region and a timeline for implementation of the community
action plan.
(b) A behavioral health administrative services organization may periodically update its
community action plan to reflect changes in community needs and priorities. Any such updated
plan must be submitted in electronic format to the BHA and the department of health care policy
and financing.
(c) On or before May 1, 2017, the BHA shall post the community action plans from the
behavioral health administrative services organizations developed pursuant to subsection (3)(a)
of this section on its website. On or before May 1, 2017, the BHA shall submit a report
summarizing all of the community action plans received from the behavioral health
administrative services organizations to the joint budget committee, the health and human
services committee of the senate, and the public and behavioral health and human services
committee of the house of representatives, or any successor committees. The BHA shall post on
its website any updated community action plans received pursuant to subsection (3)(b) of this
section.
(4) (a) Repealed.
(b) On July 1, 2017, and on every July 1 thereafter, the BHA shall disburse to each
behavioral health administrative services organization that has submitted a community action
plan one hundred percent of the behavioral health administrative services organization's
allocation from the money appropriated from the marijuana tax cash fund.
(c) It is the intent of the general assembly that each behavioral health administrative services
organization use money allocated to it from the marijuana tax cash fund to cover expenditures for
substance use disorder services that are not otherwise covered by public or private insurance.
Each behavioral health administrative services organization may use its allocation from the
marijuana tax cash fund to implement its community action plan, including expenditures for
substance use disorder services and for any start-up costs or other expenses necessary to increase
capacity to provide such services. A behavioral health administrative services organization must
spend its allocation in the state fiscal year in which it is received or in the next state fiscal year
thereafter. If there is any money from the allocation remaining after the second state fiscal year,
then the behavioral health administrative services organization shall return the money to the
BHA. If an enhanced residential and inpatient substance use disorder treatment and medical
detoxification services benefit becomes available under the Colorado medical assistance
program, behavioral health administrative services organizations shall determine to what extent
money allocated from the marijuana tax cash fund may be used to assist in providing substance
use disorder treatment, including residential and inpatient substance use disorder treatment and
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medical detoxification services, if those services are not otherwise covered by public or private
insurance.
(d) Repealed.
(5) (a) On or before September 1, 2017, and on or before each September 1 thereafter, each
behavioral health administrative services organization shall submit an annual report to the BHA,
the joint budget committee, the health and human services committee of the senate, and the
public and behavioral health and human services committee of the house of representatives, or
their successor committees, concerning the amount and purpose of actual expenditures made
using money from the marijuana tax cash fund in the previous state fiscal year. The report must
contain a description of the impact of the expenditures on addressing the needs that were
identified in the initial and any subsequent community assessments and action plans developed
pursuant to subsection (3) of this section, as well as any other requirements established for the
contents of the report by the BHA.
(b) A behavioral health administrative services organization shall provide the BHA with
information about actual expenditures as required by the BHA.
(c) Repealed.
(6) Repealed.
(7) Notwithstanding section 24-1-136 (11)(a)(I), the BHA shall report on outcomes related to
the implementation of this section as part of its annual "State Measurement for Accountable,
Responsive, and Transparent (SMART) Government Act" hearing required by section 2 -7-203,
beginning with the hearing that precedes the 2019 legislative session.
Source: L. 2016: Entire section added, (SB 16 -202), ch. 209, p. 748, § 1, effective June 1. L.
2017: IP(5)(c) amended, (SB 17-234), ch. 154, p. 524, § 17, effective August 9. L. 2018: (4)(c),
(4)(d)(I), (5)(a), (5)(b), IP(5)(c), and (5)(c)(II) amended and (7) added, (HB 18 -1172), ch. 110, p.
801, § 1, effective April 9; (4)(c) amended, (HB 18-1136), ch. 373, p. 2271, § 3, effective June 5.
L. 2022: (3), (4)(b), (4)(c), (5)(a), (5)(b), and (7) amended, and (4)(a), (4)(d), (5)(c), and (6)
repealed, (HB 22 -1278), ch. 222, p. 1553, § 149, effective July 1; (2), (3), (4)(b), (4)(c), (5)(a),
and (5)(b) amended, (HB 22-1278), ch. 222, p. 1598, § 246, effective August 10.
Editor's note: Amendments to subsection (4)(c) by HB 18 -1172 and HB 18 -1136 were
harmonized.
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27-80-107.7. Increase synthetic opiate treatment - report. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1326), ch. 225, p. 1650, § 28, effective July 1.
L. 2023: (1)(d) amended, (HB 23-1204), ch. 145, p. 622, § 3, effective August 7. L. 2026: Entire
section repealed, (SB 26-113), ch. 302, p. 1733, § 12, effective August 12.
27-80-107.8. Withdrawal management and crisis service expansion - appropriation.
(1) On or before January 1, 2023, each managed service organization shall:
(a) Contract to provide short -term residential placement for withdrawal management, crisis
stabilization, or medication -assisted treatment for persons in immediate need of detoxification
and stabilization services, with a provider that is licensed by the state of Colorado to provide
those services. The managed service organization is encouraged to contract with crisis service
providers that have existing contracts with administrative services organizations for the purpose
of providing crisis stabilization services for individuals who need substance use services.
(b) Develop a payment schedule that includes admission and service rates from the managed
service organization to the provider and organizational funding for training and coordination
with first responders or referring entities; and
(c) Provide training to, and ongoing coordination with, first responders or referring entities
concerning the available services to be utilized in lieu of arrest and transport to jail, to the
greatest extent possible.
(2) For the 2022 -23 state fiscal year, the general assembly shall appropriate ten million
dollars to the behavioral health administration to be distributed to managed service organizations
for the purpose of implementing this section. Any unexpended money remaining at the end of the
2022-23 state fiscal year from this appropriation:
(a) Does not revert to the general fund or any other fund;
(b) May be used by the behavioral health administration in the 2023 -24 or 2024 -25 state
fiscal years without further appropriation; and
(c) Must not be used for any other purpose other than the purposes set forth in this section.
Source: L. 2022: Entire section added, (HB 22-1326), ch. 225, p. 1658, § 37, effective July 1.
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Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the
provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-
2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022.
To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements"
on the Colorado General Assembly's website.
27-80-108. Rules.
(1) The state board of human services, created in section 26 -1-107, has the power to
promulgate rules governing the provisions of this article 80. The rules may include, but are not
limited to:
(a) Requirements for the operation of a public program, including record keeping and data
compilation;
(b) Conditions that may be imposed on a public program for the program to maintain grant
eligibility;
(c) Requirements for public and private agencies, organizations, and institutions from which
the behavioral health administration may purchase services pursuant to section 27 -80-106 (1),
which requirements must include prohibiting the purchase of services from entities that deny or
prohibit access to medical services or substance use disorder treatment and services to persons
who are participating in prescribed medication -assisted treatment, as defined in section 23 -21-
803, for a substance use disorder;
(d) Requirements for managed service organizations that are designated by the commissioner
to provide services in a designated service area pursuant to section 27-80-106 (2);
(e) Standards that addiction counselors must meet to participate in public programs or to
provide purchased services and certification requirements necessary to be certified by the
director of the division of professions and occupations, pursuant to part 8 of article 245 of title
12;
(e.5) On or before March 1, 2022, standards that addiction counselors must meet to
participate in public programs or to provide purchased services and education requirements
necessary to be licensed by the director of the division of professions and occupations, pursuant
to part 8 of article 245 of title 12;
(f) Any rules that are necessary to carry out the purposes of the treatment program for high -
risk pregnant women created in section 27-80-112.
(2) In the rules promulgated pursuant to subsection (1)(e) of this section, the state board of
human services shall include education requirements for certified addiction technicians, certified
addiction specialists, and licensed addiction counselors.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 726, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1357, § 259,
effective May 25. L. 2019: (1)(e) amended, (HB 19 -1172), ch. 136, p. 1714, § 200, effective
October 1. L. 2020: (1)(c) amended, (SB 20 -007), ch. 286, p. 1390, § 3, effective July 13; (2)
added, (HB 20-1206), ch. 304, p. 1543, § 41, effective July 14. L. 2021: (1)(e.5) added and (2)
amended, (HB 21 -1305), ch. 399, p. 2649, § 6, effective July 1. L. 2023: (1)(c) and (1)(d)
amended, (HB 23-1236), ch. 206, p. 1069, § 43, effective May 16.
Editor's note: This section is similar to former § 25-1-207 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-109. Coordination of state and federal funds and programs.
(1) Requests for state appropriations for substance use disorder treatment programs must be
submitted to the BHA and the office of state planning and budgeting on dates specified by the
BHA, consistent with requirements and procedures of the office of state planning and budgeting.
After studying each request, the BHA shall make a report with its comments and
recommendations, including priorities for appropriations and a statement as to whether the
requested appropriation would be consistent with the comprehensive state plan for substance use
disorder treatment programs. The BHA shall submit its reports to the governor, the office of state
planning and budgeting, and the joint budget committee, together with all pertinent material on
which the report's recommendations are based.
(2) The BHA shall also review applications for federal grants for substance use disorder
treatment programs submitted by any department or agency of state government; political
subdivision of the state; Indian tribal reservation; or other public or private agency, organization,
or institution. The BHA shall transmit to the division of planning and to the appropriate United
States agency its comments and recommendations, together with a statement as to whether the
grant would be consistent with the comprehensive state plan for substance use disorder treatment
programs.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 727, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1357, § 260,
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effective May 25. L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1557, § 151,
effective July 1.
Editor's note: This section is similar to former § 25-1-209 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-110. Reports. (Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 727, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1358, § 261,
effective May 25; entire section repealed, (SB 17-234), ch. 154, p. 524, § 18, effective August 9.
Editor's note: (1) This section was similar to former § 25-1-210 as it existed prior to 2010.
(2) This section was amended in SB 17 -242. Those amendments were superseded by the
repeal of this section in SB 17-234, effective August 9, 2017.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-111. Counselor training - fund created - rules.
(1) The commissioner shall establish by rule fees to be charged for addiction counselor
training. The amount assessed must be sufficient to cover a portion of the costs of administering
the training, and the money collected must be deposited in the addiction counselor training fund.
Additional funding may be obtained from general, cash, or federal funds otherwise appropriated
to the BHA.
(2) There is created in the office of the state treasurer the addiction counselor training fund,
referred to in this section as the "fund". Money collected pursuant to subsection (1) of this
section shall be deposited in the fund. The money in the fund is subject to annual appropriation
by the general assembly to the BHA for the administration of addiction counselor training
requirements established by rules of the state board of human services pursuant to section 27 -80-
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108 (1)(e). Money in the fund at the end of the fiscal year must remain in the fund and not revert
to the general fund.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 727, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1358, § 262,
effective May 25. L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1557, § 152,
effective July 1.
Editor's note: This section is similar to former § 25-1-211 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-112. Legislative declaration - treatment program for high-risk pregnant women -
creation.
(1) The general assembly hereby finds and declares that the health and well -being of the
women of Colorado is at risk; that such women are at risk of poor birth outcomes or physical and
other disabilities due to substance abuse, which is the abuse of alcohol and drugs, during the
prenatal period; that early identification of such high -risk pregnant women and substance abuse
treatment greatly reduce the occurrence of poor birth outcomes; and that the citizens of Colorado
will greatly benefit from a program to reduce poor birth outcomes and subsequent problems
resulting from such poor birth outcomes in cases involving high -risk pregnant women through
the cost savings envisioned by the prevention and early treatment of such problems.
(2) In recognition of such problems, there is hereby created a treatment program for high-risk
pregnant women in the behavioral health administration.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 728, § 2,
effective April 29. L. 2022: (2) amended, (HB 22 -1278), ch. 222, p. 1557, § 153, effective July
1.
Editor's note: This section is similar to former § 25-1-212 as it existed prior to 2010.
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27-80-113. Substance use and addiction counseling and treatment - necessary
components.
Any entity that qualifies to provide services pursuant to section 25.5 -5-202 (1)(r) in regard to
the treatment program for high -risk pregnant women, shall make available, in addition to
substance use and addiction counseling and treatment: Risk assessment services; care
coordination; nutrition assessment; psychosocial counseling; intensive health education,
including parenting education and education on risk factors and appropriate health behaviors;
home visits; transportation services; and other services deemed necessary by the BHA and the
department of health care policy and financing.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 728, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1358, § 263,
effective May 25. L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1558, § 154,
effective July 1.
Editor's note: This section is similar to former § 25-1-213 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-114. Treatment program for high-risk pregnant and parenting women -
cooperation with organizations.
The department of health care policy and financing shall cooperate with any organizations that
desire to assist the department of health care policy and financing in the provision of services
connected with the treatment program for high -risk pregnant and parenting women.
Organizations may provide services that are not provided to persons pursuant to the treatment
program for high-risk pregnant and parenting women, article 2 of title 26, and articles 4, 5, and 6
of title 25.5, which may include, but shall not be limited to, needs assessment services,
preventive services, rehabilitative services, care coordination, nutrition assessment, psychosocial
counseling, intensive health education, home visits, transportation, development of provider
training, child care, and other necessary components of residential or outpatient treatment or
care.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 728, § 2,
effective April 29. L. 2019: Entire section amended, (HB 19 -1193), ch. 272, p. 2570, § 6,
effective May 23.
Editor's note: This section is similar to former § 25-1-214 as it existed prior to 2010.
Cross references: For the legislative declaration in HB 19 -1193, see section 1 of chapter 272,
Session Laws of Colorado 2019.
27-80-115. Treatment program for high-risk pregnant and parenting women - data
collection.
The department of health care policy and financing shall create a data collection mechanism
regarding persons receiving services pursuant to the treatment program for high -risk pregnant
and parenting women that must include the collection of data on cost -effectiveness, success of
the program, and other data the department of health care policy and financing deems
appropriate.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 728, § 2,
effective April 29. L. 2019: Entire section amended, (HB 19 -1193), ch. 272, p. 2570, § 7,
effective May 23.
Editor's note: This section is similar to former § 25-1-215 as it existed prior to 2010.
Cross references: For the legislative declaration in HB 19 -1193, see section 1 of chapter 272,
Session Laws of Colorado 2019.
27-80-116. Fetal alcohol spectrum disorders - legislative declaration - health warning
signs - federal funding.
(1) The general assembly finds and declares that:
(a) Fetal alcohol exposure is the leading known cause of preventable intellectual and
developmental disabilities and birth defects in the children of this state;
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(b) Individuals with undiagnosed fetal alcohol spectrum disorders suffer substantially from
secondary issues such as child abuse and neglect, separation from families, multiple foster
placements, depression, aggression, school failure, juvenile detention, and job instability;
(b.5) Compared to individuals diagnosed before age twelve, individuals with undiagnosed
FASD are two to four times more likely to suffer from inappropriate sexual behavior; disrupted
school experiences; trouble with the law; alcohol and substance problems or disorders; or
confinement in a jail, a hospital or treatment facility for persons with behavioral or mental health
disorders, or a substance use disorder treatment facility;
(c) These secondary disabilities come at a high cost to individuals, their families, and
society;
(d) A survey performed in 2006 by the Colorado pregnancy risk assessment system estimated
that eleven and two-tenths percent of women in Colorado said that they drank alcohol during the
last three months of their pregnancy; and
(e) The commission should evaluate the current use and distribution of written and electronic
informational materials designed to increase awareness of the consequences of drinking alcohol
while pregnant and should investigate additional means by which such written and electronic
materials might best be used.
(2) The general assembly therefore declares that fetal alcohol exposure and its related
problems can be reduced substantially by a greater awareness of the consequences of drinking
alcohol while pregnant and by early diagnosis and receipt of appropriate and effective
intervention.
(3) Each person licensed pursuant to section 44 -3-401 (1)(h) to (1)(t) or 44 -3-401 (1)(v) to
sell malt, vinous, and spirituous liquors or licensed pursuant to section 44 -4-104 (1)(c) to sell
fermented malt beverages is hereby encouraged to post a health warning sign informing patrons
that the consumption of alcohol during pregnancy may cause birth defects, including fetal
alcohol spectrum disorders.
(4) Repealed.
(5) The behavioral health administration is authorized to apply for federal funding for fetal
alcohol spectrum disorder programs and to receive and disburse the federal funds to public and
private nonprofit organizations.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 728, § 2,
effective April 29. L. 2011: Entire section amended, (HB 11-1144), ch. 65, p. 170, § 2, effective
August 10. L. 2015: (3) and (4)(c) amended, (HB 15-1204), ch. 121, p. 374, § 23, effective April
24. L. 2016: (3) amended, (SB 16 -189), ch. 210, p. 783, § 80, effective June 6. L. 2017: IP(1)
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and (1)(b.5) amended, (SB 17 -242), ch. 263, p. 1359, § 264, effective May 25. L. 2018: (3)
amended, (HB 18-1025), ch. 152, p. 1080, § 16, effective October 1. L. 2024: (5) added, (HB 24-
1045), ch. 470, p. 3291, § 29, effective August 7.
Editor's note: (1) This section is similar to former § 25-1-216 as it existed prior to 2010.
(2) Subsection (4)(e) provided for the repeal of subsection (4), effective June 30, 2015. (See L.
2011, p. 170.)
Cross references: For the legislative declaration in the 2011 act amending this section, see
section 1 of chapter 65, Session Laws of Colorado 2011. For the legislative declaration in SB 17-
242, see section 1 of chapter 263, Session Laws of Colorado 2017.
27-80-117. Rural alcohol and substance abuse prevention and treatment program -
creation - administration - cash fund - definitions - repeal.
(1) As used in this section, unless the context otherwise requires:
(a) "Program" means the rural alcohol and substance abuse prevention and treatment
program created pursuant to subsection (2) of this section that shall consist of the rural youth
alcohol and substance abuse prevention and treatment project and the rural detoxification project.
(b) "Rural area" means a county with a population of less than thirty thousand people,
according to the most recently available population statistics of the United States bureau of the
census.
(c) "Youth" means an individual who is at least eight years of age but who is less than
eighteen years of age.
(2) (a) (I) There is created the rural alcohol and substance abuse prevention and treatment
program in the BHA to provide:
(A) Prevention and treatment services to youth in rural areas. The services may include
providing alternative activities for youth through the rural youth alcohol and substance abuse
prevention and treatment project; and
(B) Treatment services through the rural detoxification project for persons with substance
use disorders.
(II) The BHA shall administer the program pursuant to rules adopted by the state board of
human services as of January 1, 2010, or as amended by the state board.
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(b) The BHA shall incorporate provisions to implement the program into its regular
contracting mechanism for the purchase of prevention and treatment services pursuant to section
27-80-106, including detoxification programs. The BHA shall develop a method to equitably
distribute and provide additional money through contracts to provide for prevention services for
and treatment of persons in rural areas.
(c) Notwithstanding any provision of this section to the contrary, the BHA shall implement
the program on or after January 1, 2011, subject to the availability of sufficient money to operate
an effective program, as determined by the BHA.
(3) (a) There is created in the state treasury the rural alcohol and substance abuse cash fund,
referred to in this section as the "fund", that consists of the rural youth alcohol and substance
abuse prevention and treatment account, referred to in this section as the "youth account", and
the rural detoxification account, referred to in this section as the "detoxification account". The
fund is comprised of money collected from surcharges assessed pursuant to sections 18 -19-
103.5, 42 -4-1307 (10)(d)(I), and 42 -4-1701 (4)(f). The money collected from the surcharges
must be divided equally between the youth account and the detoxification account. The fund also
includes any money credited to the fund pursuant to subsection (3)(b) of this section. Money in
the fund credited pursuant to subsection (3)(b) of this section must be divided equally between
the youth account and the detoxification account unless the grantee or donor specifies to which
account the grant, gift, or donation is to be credited. The money in the fund is subject to annual
appropriation by the general assembly to the BHA for the purpose of implementing the program.
All interest derived from the deposit and investment of money in the fund remains in the fund.
Any unexpended or unencumbered money remaining in the fund at the end of a fiscal year
remains in the fund and shall not be transferred or credited to the general fund or another fund;
except that any unexpended and unencumbered money remaining in the fund as of August 30,
2030, is credited to the general fund.
(b) The BHA is authorized to accept grants, gifts, or donations from any private or public
source on behalf of the state for the purpose of the program. The BHA shall transmit all private
and public money received through grants, gifts, or donations to the state treasurer, who shall
credit the same to the fund.
(3.5) As of July 1, 2022, the department of public health and environment is the state
department responsible for the administration of prevention services pursuant to this section.
(4) (a) This section is repealed, effective September 1, 2030.
(b) Prior to such repeal, the program shall be reviewed as provided in section 24 -34-104,
C.R.S.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 730, § 2,
effective April 29; (3)(a) amended, (HB 10 -1347), ch. 258, p. 1159, § 6, effective July 1. L.
2016: (3)(a) and (4)(a) amended, (HB 16 -1168), ch. 93, p. 261, § 1, effective April 14. L. 2017:
(2) and (3) amended, (SB 17 -242), ch. 263, p. 1359, § 265, effective May 25. L. 2022:
IP(2)(a)(I), (2)(a)(II), (2)(b), (2)(c), and (3), amended and (3.5) added, (HB 22 -1278), ch. 222, p.
1558, § 155, effective July 1. L. 2025: (3)(a) and (4)(a) amended, (SB 25-195), ch. 243, p. 1229,
§ 2, effective August 6.
Editor's note: (1) This section is similar to former § 25-1-217 as it existed prior to 2010.
(2) Subsection (3)(a) was numbered as § 25 -1-217 (3)(a) in House Bill 10 -1347 (see L. 2010,
p. 1159) but was relocated due to its harmonization with this section as it was added by Senate
Bill 10-175.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-118. Center for research into substance use disorder prevention, treatment, and
recovery support strategies - established - appropriation - legislative declaration.
(1) The general assembly finds that:
(a) Opioid addiction has emerged as a significant public health concern in Colorado, with
more than ten thousand deaths attributed to drug overdoses since 2000, and the annual rate of
death from drug overdose doubling from seven -point-eight deaths per one hundred thousand
people in 2000 to fifteen -point-seven deaths per one hundred thousand people in 2015. This rate
is significantly higher than the national rate.
(b) The abuse of prescription drugs is the fastest growing substance abuse problem in the
United States, particularly among adolescents;
(c) Each year, there are approximately seventeen thousand overdose deaths from opioid
painkillers nationally and approximately three hundred such deaths in Colorado;
(d) According to the centers for disease control, Colorado's drug overdose mortality rate has
increased by five hundred percent since 2014;
(e) Colorado and other states in the region have the highest death rates attributable to alcohol
in the country, and approximately eighteen percent, or one out of every five, of all Colorado
adults engaged in heavy or binge drinking monthly;
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(f) In addition to opioids, prescription drugs, and alcohol, surveys show use rates for
methamphetamine, cocaine, and other illicit drugs are higher in Colorado than in other states;
and
(g) There is a lack of sufficient research on the most effective strategies for addressing
substance use disorders across the full continuum of recommended services that include
prevention, early intervention, treatment, and recovery support services.
(2) The general assembly therefore finds that for Colorado to respond to these issues and to
foster the health, welfare, and safety of the state's residents, it is hereby declared that it is the
state's policy to facilitate research into substance use disorder prevention, treatment, and
recovery support strategies.
(3) A center for research into substance use disorder prevention, treatment, and recovery
support strategies, referred to in this section as the "center", is established in the university of
Colorado health sciences center. Subject to available appropriations, the center's mission is to:
(a) Establish or expand programs for research concerning prevention, treatment, and
recovery support strategies for substance use disorders, including but not limited to opioid
addiction;
(b) Establish or expand innovative treatments for substance use disorders, including but not
limited to opioid addiction;
(c) Expand partnerships and collaboration with substance use disorder professionals, other
programs at the university of Colorado, and other organizations with similar missions throughout
the state and nation; and
(d) Seek federal and private resources to further the center's research activities.
(4) (a) The center shall develop and implement a series of continuing education activities
designed to help a prescriber of pain medication to safely and effectively manage patients with
pain and, when appropriate, prescribe opioids or medication -assisted treatment. The educational
activities must also include best practices for prescribing benzodiazepines and the potential harm
of inappropriately limiting prescriptions to chronic pain patients. The educational activities must
apply to physicians, physician assistants, nurses, and dentists, with an emphasis on physicians,
physician assistants, nurses, and dentists serving underserved populations and communities.
(b) The center shall also develop education and training for law enforcement officers and
first responders concerning the use of opioid antagonists for opioid overdose and community -
based training for persons at risk of opioid overdose.
(c) The center shall engage in community engagement activities to address substance use
prevention, harm reduction, criminal justice system response, treatment, and recovery.
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(d) For the 2021 -22 state fiscal year, and each fiscal year thereafter, the general assembly
shall appropriate seven hundred fifty thousand dollars to the center from the marijuana tax cash
fund created in section 39-28.8-501 for the purposes of this subsection (4).
(5) (a) The center shall develop and implement a program to increase public awareness
concerning the safe use, storage, and disposal of opioids and the availability of naloxone and
other drugs used to block the effects of an opioid overdose.
(b) For the 2021 -22 state fiscal year, and each state fiscal year thereafter, the general
assembly shall appropriate two hundred fifty thousand dollars to the center from the marijuana
tax cash fund created in section 39-28.8-501 (1) for the purposes of this subsection (5).
(6) (a) The center may employ up to three additional employees to work as grant writers in
order to aid local communities in need of assistance in applying for grants to access state and
federal money to address opioid and other substance use disorders in their communities. The
center shall determine the communities in which to provide the grant writing assistance.
(b) For the fiscal year 2019 -20, the general assembly shall appropriate money from the
marijuana tax cash fund created in section 39-28.8-501 (1) to the department for allocation to the
center for the purposes of this subsection (6). The center may use the money to hire new
employees and for the direct and indirect costs associated with this subsection (6).
Source: L. 2017: Entire section added, (SB 17-193), ch. 202, p. 747, § 1, effective May 18. L.
2018: (4) added, (HB 18 -1003), ch. 224, p. 1429, § 5, effective May 21. L. 2019: (5) and (6)
added, (SB 19-228), ch. 276, p. 2605, § 10, effective May 23. L. 2020: (5)(b)(I) amended, (HB
20-1364), ch. 205, p. 1009, § 1, effective June 30. L. 2021: (4)(c) RC&RE, (4)(d) added, and
(5)(b) amended, (SB 21-137), ch. 362, p. 2375, § 20, effective June 28; (4)(a) amended, (HB 21 -
1276), ch. 364, p. 2402, § 17, effective July 1.
Editor's note: Subsection (4)(c)(II) provided for the repeal of subsection (4)(c), effective
September 1, 2019. (See L. 2018, p. 1429.)
Cross references: (1) For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
(2) For the legislative declaration in HB 21 -1276, see section 1 of chapter 364, Session Laws
of Colorado 2021.
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27-80-119. Care navigation program - creation - reporting - rules - legislative
declaration - definition. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1287), ch. 175, p. 2015, § 3, effective May 14.
L. 2020: (3) and (8) amended, (HB 20 -1391), ch. 211, p. 1026, § 2, effective June 30. L. 2021:
(2) amended, (HB 21-1021), ch. 256, p. 1512, § 9, effective September 7. L. 2022: (3), (4), IP(6),
(6)(f), (7), and (8) amended, (HB 22 -1278), ch. 222, p. 1559, § 156, effective July 1. L. 2023:
Entire section repealed, (HB 23-1236), ch. 206, p. 1070, § 47, effective May 16.
27-80-120. Building substance use disorder treatment capacity in underserved
communities - grant program. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1287), ch. 175, p. 2018, § 4, effective May 14.
L. 2021: (7) repealed, (SB 21-137), ch. 362, p. 2375, § 21, effective June 28; (4) amended, (HB
21-1021), ch. 256, p. 1512, § 10, effective September 7. L. 2022: (1), (2), (3), and (6) amended,
(HB 22-1278), ch. 222, p. 1560, § 157, effective July 1. L. 2026: Entire section repealed, (HB
26-1378), ch. 245, p. 1391, § 1, effective May 29.
27-80-121. Perinatal substance use data linkage project - center for research into
substance use disorder prevention, treatment, and recovery support strategies - report.
(1) The center for research into substance use disorder prevention, treatment, and recovery
support strategies established in section 27 -80-118, referred to in this section as the "center", in
partnership with an institution of higher education and the state substance abuse trend and
response task force established in section 18 -18.5-103, shall conduct a statewide perinatal
substance use data linkage project that uses ongoing collection, analysis, interpretation, and
dissemination of data for the planning, implementation, and evaluation of public health actions to
improve outcomes for families impacted by substance use during pregnancy. The data linkage
project shall utilize data from the medical assistance program established in articles 4 to 6 of title
25.5; the electronic prescription drug monitoring program created in part 4 of article 280 of title
12; the Colorado TRAILS system, as defined in section 16 -20.5-102 (10); the Colorado
immunization information system created pursuant to part 24 of article 4 of title 25; the Colorado
child care assistance program created in part 1 of article 4 of title 26.5; the BHA; the early
intervention program for infants and toddlers under part C of the federal "Individuals with
Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.; the Colorado department of education;
other data sources related to maternal health, as collected by the Colorado department of public
health and environment; the Colorado all-payer health claims database described in section 25.5 -
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1-204; family experiences and provider perspectives, when necessary; and birth and death
records to examine the following:
(a) Health -care utilization by pregnant and postpartum women with substance use disorders
and their infants compared to the general population;
(b) Human service, education, public health program utilization, and substance use treatment
by pregnant and postpartum women with substance use disorders and their infants compared to
the general population;
(c) Health -care, human service, education, and public health program outcomes, including
morbidity and mortality outcomes, among pregnant and postpartum women with substance use
disorders and their infants compared to the general population; and
(d) Costs associated with health -care, human service, education, and public health program
provisions for pregnant and postpartum women with substance use disorders and their infants
compared to the general population.
(2) The data linkage project shall use vital records to establish maternal and infant dyads
beginning at the birth hospitalization and retrospectively link the prenatal period and
prospectively link the first year postpartum.
(3) The data linkage project may conduct ongoing research related to the incidence of
perinatal substance exposure or related infant and family health, education, and human service
outcomes based on the standards specified in sections 19 -1-103 (1)(a)(VII) and 19 -3-102 (1)(g)
for determining child abuse or neglect or whether a child is neglected or dependent.
(4) The data linkage project may connect additional state and non -state data sources for the
purpose of improving population -level estimates of perinatal substance exposure and examining
system utilization and outcomes.
(5) The governor's office of information technology shall obtain data and perform secure
linkage and anonymization on behalf of the state.
(6) Notwithstanding section 24 -1-136 (11)(a)(I), on or before January 1, 2021, and annually
thereafter throughout the duration of the data linkage project, the center shall report progress on
the data linkage project and the results, if available, to the health and insurance committee and
the public health care and human services committee of the house of representatives and the
health and human services committee of the senate or their successor committees.
Source: L. 2019: Entire section added, (SB 19-228), ch. 276, p. 2606, § 12, effective May 23.
L. 2020: (2.5) added, (SB 20 -028), ch. 186, p. 854, § 7, effective June 30. L. 2021: Entire
section amended, (SB 21 -137), ch. 362, p. 2375, § 22, effective June 28. L. 2022: IP(1)
amended, (HB 22-1295), ch. 123, p. 864, § 119, effective July 1; IP(1) amended, (HB 22 -1278),
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ch. 222, p. 1561, § 158, effective July 1. L. 2024: (1) and (3) amended, (SB 24 -047), ch. 440, p.
3082, § 10, effective June 6.
Editor's note: Amendments to this subsection IP(1) by HB 22 -1278 and HB 22 -1295 were
harmonized.
Cross references: For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
27-80-122. Recovery residence certifying body - competitive selection process -
appropriation - repeal.
(1) No later than January 1, 2022, the BHA shall use a competitive selection process
pursuant to the "Procurement Code", articles 101 to 112 of title 24, to select a recovery residence
certifying body to:
(a) Certify recovery residences pursuant to section 27-80-129; and
(b) Educate and train recovery residence owners and recovery residence staff on industry
best practices, including best practices for providing culturally responsive and trauma -informed
care.
(2) Repealed.
(3) This section is repealed, effective June 30, 2027.
Source: L. 2019: Entire section added, (HB 19-1009), ch. 274, p. 2591, § 4, effective May 23.
L. 2021: Entire section R&RE, (SB 21 -137), ch. 362, p. 2376, § 23, effective June 28. L. 2022:
IP(1) and (2) amended, (HB 22 -1278), ch. 222, p. 1561, § 159, effective July 1. L. 2023: (1)(a)
amended, (HB 23-1204), ch. 145, p. 622, § 4, effective August 7. L. 2025: (2) repealed, (SB 25-
266), ch. 108, p. 460, § 3, effective July 1. L. 2026: (3) added, (SB 26 -113), ch. 302, p. 1732, §
7, effective August 12.
Cross references: For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
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27-80-123. High-risk families cash fund - creation - services provided - report -
definition - repeal. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1193), ch. 272, p. 2571, § 8, effective May 23.
L. 2020: (3) repealed, (HB 20 -1388), ch. 124, p. 523, § 4, effective June 24. L. 2021: (4) and
(5)(b) amended, (SB 21 -137), ch. 362, p. 2386, § 34, effective June 28. L. 2022: (2), IP(4), (5),
(6), IP(7), and (7)(a) amended, (HB 22 -1278), ch. 222, p. 1561, § 160, effective July 1. L. 2026:
(8) and (9) added, (HB 26-1378), ch. 245, p. 1392, § 6, effective May 29.
Editor's note: (1) This section was numbered as § 27 -80-119 in HB 19 -1193 but was
renumbered on revision for ease of location.
(2) Subsections (8) and (9) were added in HB 26 -1378, effective May 29, 2026. For the
amendments in effect from May 29, 2026, to July 1, 2026, see chapter 245, Session Laws of
Colorado 2026. (L. 2026, p. 1392.)
(3) Subsection (9) provided for the repeal of this section, effective July 1, 2026. (See L. 2026,
p. 1392.)
27-80-124. Colorado substance use disorders prevention collaborative - created -
mission - administration - report - repeal. (Repealed)
Source: L. 2021: Entire section added, (HB 21-1276), ch. 364, p. 2402, § 18, effective July 1.
L. 2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1562, § 161, effective July 1.
Editor's note: This section was relocated to § 25-20.5-1802 in 2022.
27-80-125. Housing assistance for individuals with a substance use disorder - report -
rules - appropriation.
(1) The BHA shall establish a program to provide temporary financial housing assistance to
individuals with a substance use disorder who have no supportive housing options when the
individual is:
(a) Transitioning out of a residential treatment setting and into recovery; or
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(b) Receiving treatment for the individual's substance use disorder.
(2) The BHA may promulgate rules establishing the maximum amount of temporary
financial assistance that an individual can receive and the maximum amount of time for which an
individual may receive assistance. Rules promulgated pursuant to this subsection (2) related to
the time for which an individual may receive assistance must be clinically based, culturally
responsive, and trauma-informed.
(3) In awarding temporary financial housing assistance in accordance with this section, the
BHA shall consider funding for individuals entering into a recovery residence, as defined in
section 27-50-101.
(4) Notwithstanding section 24 -1-136 (11)(a)(I), by February 1, 2022, and by February 1
each year thereafter, the BHA shall submit a report detailing the amount of housing assistance
provided in the prior year, the number of individuals and the entities that received the housing
assistance, and the duration of housing assistance each individual or entity received to the health
and human services committee of the senate, the health and insurance and the public and
behavioral health and human services committees of the house of representatives, and the opioid
and other substance use disorders study committee created in section 10 -22.3-101, or any
successor committees.
(5) Repealed.
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2377, § 24, effective June 28.
L. 2022: IP(1), (2), (3), (4), and (5) amended, (HB 22 -1278), ch. 222, p. 1562, § 162, effective
July 1. L. 2023: (3) amended, (HB 23 -1204), ch. 145, p. 623, § 5, effective August 7. L. 2025:
(5) repealed, (SB 25 -266), ch. 108, p. 461, § 4, effective July 1. L. 2026: (3) amended, (SB 26 -
113), ch. 302, p. 1732, § 8, effective August 12.
Cross references: For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
27-80-126. Recovery support services grant program - creation - eligibility - reporting
requirements - appropriation - rules - definitions. (Repealed)
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2377, § 24, effective June 28.
L. 2022: (2), (4), (5), (6)(a), IP(7)(a), (7)(a)(IV), (7)(b), and (8) amended, (HB 22 -1278), ch.
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222, p. 1563, § 163, effective July 1. L. 2024: (3)(b) amended, (SB 24-048), ch. 405, p. 2785, §
5, effective August 7. L. 2025: (4) amended and (8) repealed, (SB 25 -266), ch. 108, p. 461, § 5,
effective July 1. L. 2026: Entire section repealed, (HB 26 -1378), ch. 245, p. 1391, § 1, effective
May 29.
27-80-127. Children and youth in need of residential mental health and substance use
treatment - repeal.
(1) On or before July 1, 2023, the behavioral health administration, created pursuant to part 2
of article 60 of this title 27, shall create, develop, or contract to add additional residential
substance use treatment beds for youth. To the greatest extent possible, the department shall
ensure that both mental health and substance use treatment services are available in one
residential location. The department shall work collaboratively with the behavioral health
administration for licensing and determining the greatest areas of need.
(2) (a) (I) For the 2022 -23 budget year, the general assembly shall appropriate five million
dollars from the behavioral and mental health cash fund, created pursuant to section 24 -75-230,
to the department to expand substance use residential treatment beds for adolescents, as
described in subsection (1) of this section.
(II) The use of money appropriated pursuant to this subsection (2) and money that originates
from the ARPA refinance state money cash fund, created in section 24-75-226.5, appropriated for
the same purpose, must conform with the allowable purposes set forth in the federal "American
Rescue Plan Act of 2021", Pub.L. 117 -2, as amended. The department shall spend or obligate
such appropriation in accordance with section 24-75-226 (4)(d).
(b) This subsection (2) is repealed, effective September 1, 2027.
(3) The department of human services and any person that receives money from the
department of human services shall comply with the compliance, reporting, record -keeping, and
program evaluation requirements established by the office of state planning and budgeting and
the state controller in accordance with section 24-75-226 (5).
(4) This section is known as the "Andy Campos-Padilla Act".
Source: L. 2022: Entire section added, (HB 22-1283), ch. 185, p. 1244, § 5, effective May 18.
L. 2024: (2)(a)(II) amended, (HB 24-1466), ch. 429, p. 2946, § 42, effective June 5.
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Cross references: For the legislative declaration in HB 22 -1283, see section 1 of chapter 185,
Session Laws of Colorado 2022. For the legislative declaration in HB 24 -1466, see section 1 of
chapter 429, Session Laws of Colorado 2024.
27-80-128. Fentanyl education and treatment program.
The behavioral health administration shall develop a fentanyl education program for the
purpose of sections 18 -1.3-410 and 18 -1.3-510. The fentanyl education program must include
information regarding the nature and addictive elements of synthetic opiates, their dangers to a
person's life and health, access to and administration of opioid antagonists and non -laboratory
synthetic opiate detection tests, and laws regarding synthetic opiates, including criminal penalties
and immunity for reporting an overdose event pursuant to section 18 -1-711. The BHA may
update the fentanyl education program curriculum as necessary.
Source: L. 2022: Entire section added, (HB 22-1326), ch. 225, p. 1651, § 30, effective July 1.
L. 2024: Entire section amended, (HB 24-1037), ch. 458, p. 3173, § 24, effective June 6.
Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the
provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-
2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022.
To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements"
on the Colorado General Assembly's website.
27-80-129. Regulation of recovery residences - rules - definitions - repeal.
(1) As used in this section:
(a) "Certifying body" means the body that certifies a recovery residence approved by the
behavioral health administration in the department of human services pursuant to section 27 -80-
122.
(b) (I) "Recovery residence" means any premises, place, facility, or building that provides
housing accommodation for individuals with a primary diagnosis of a substance use disorder
that:
(A) Is free from alcohol and nonprescribed or illicit drugs;
(B) Promotes independent living and life skill development; and
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(C) Provides structured activities and recovery support services that are primarily intended to
promote recovery from substance use disorders.
(II) "Recovery residence" does not include:
(A) A private residence in which an individual related to the owner of the residence by blood,
adoption, or marriage is required to abstain from substance use or receive behavioral health
services for a substance use disorder as a condition of residing in the residence;
(B) The supportive residential community for individuals who are homeless operated under
section 24 -32-724 at the Fort Lyon property for the purpose of providing substance abuse
supportive services, medical care, job training, and skill development for the residents;
(C) A facility approved for residential treatment by the behavioral health administration in
the department of human services; or
(D) Permanent supportive housing units incorporated into affordable housing developments.
(2) A recovery residence may admit individuals who are receiving medication -assisted
treatment, including agonist treatment, for substance use disorders; except that a recovery
residence receiving state money or providing services that are paid for through state programs
shall not deny admission to persons who are participating in prescribed medication -assisted
treatment, as defined in section 23-21-803, for a substance use disorder.
(3) (a) A person shall not operate a recovery residence or a substantially similar facility, and
a licensed, registered, or certified health -care provider; a managed care entity, as defined in
section 25.5-5-802 (5); a managed care organization, as defined in section 25.5 -5-403 (5); or a
licensed health facility shall not refer an individual to a recovery residence, unless the residence:
(I) Is certified by a certifying body as specified in subsection (4) of this section;
(II) Is chartered by Oxford House or its successor organization; or
(III) Has been operating as a recovery residence in Colorado for thirty or more years as of
May 23, 2019.
(b) If a person is operating a recovery residence or a substantially similar facility in violation
of subsection (3)(a) of this section, the behavioral health administration shall send the facility a
cease-and-desist letter.
(4) The behavioral health administration shall, by rule, determine the requirements for a
certifying body seeking approval for purposes of subsection (3)(a)(I) of this section, which rules
must include a requirement that a certifying body include a representative from the behavioral
health administration on its board.
(5) A recovery residence owner, employee, or administrator, or an individual related to a
recovery residence owner, employee, or administrator, shall not directly or indirectly:
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(a) Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or
material value, excluding the supportive services required to place the resident:
(I) For admission of a resident, except for state or federal contracts that specifically
reimburse for resident fees;
(II) From a treatment facility that is licensed or certified by the department of public health
and environment for the treatment of substance use disorders; or
(III) From a facility approved for residential treatment by the behavioral health
administration in the department of human services;
(b) Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or
material value from a toxicology laboratory that provides confirmation testing or point -of-care
testing for residents.
(6) A recovery residence shall have the following in place for each client at the time an
individual becomes a client of the recovery residence:
(a) A signed program agreement between the recovery residence and the client that outlines
the requirements the client must follow to reside at the recovery residence; the drug screening
policy; and the recovery residence's code of conduct that prohibits the use of alcohol,
nonprescribed drugs, and illicit drugs; and notice of immediate discharge for possession of
alcohol, nonprescription drugs, or illicit drugs in the recovery residence; and
(b) A relapse plan that must be implemented if the client returns to the use of alcohol,
nonprescribed drugs, or illicit drugs. The relapse plan must outline steps that must be taken to
evaluate and address the client's return to use and to allow the client to remain in the recovery
residence after a relapse has occurred, if possible. The recovery residence must provide
notification to the client if the client's relapse plan has failed.
(7) (a) Recovery residence staff shall develop a client discharge and transfer policy and
submit it for approval to its certifying body. Recovery residence staff shall implement a client
discharge and transfer policy that is approved by the certifying body. After the certifying body
approves the recovery residence's client discharge and transfer policy, the recovery residence
staff may discharge or transfer a client with twenty -four hours' notice if the relapse plan has
failed, according to the policy, in any of the following circumstances:
(I) The discharge or transfer is necessary for the safety of the client because the recovery
residence is unable to meet the needs of the client; or
(II) If the client returns to the use of alcohol, nonprescription drugs, or illicit drugs.
(b) Recovery residence staff may immediately discharge or transfer a client, according to the
policy, if the client is in possession of alcohol, nonprescription drugs, or illicit drugs in the
recovery residence.
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(c) If a client is unable or no longer wishes to reside in a recovery residence, or is discharged
or transferred from a recovery residence, prior to the client vacating the recovery residence, the
recovery residence staff shall:
(I) Document in the client's record detailed information regarding the basis for the discharge
or transfer;
(II) Provide the client with a referral to treatment services or other recovery support services;
(III) Provide the client with a referral to appropriate services if the client is discharged
without food, housing, or economic security, if such services exist in the community; and
(IV) Provide the client with the phone number to contact the 988 crisis hotline operated
pursuant to section 27 -64-103, information on the availability of peer support services, and
information about the behavioral health services directory provided by the behavioral health
administration.
(d) Recovery residence staff shall document in the client's record any referrals provided to
the client pursuant to subsection (7)(c) of this section. If the client refuses to accept the discharge
or transfer, the recovery residence staff shall document the refusal in the client's record.
(e) The recovery residence shall, at a minimum, attempt to follow up with the client's
designated emergency contact at the time of discharge. The recovery residence is encouraged to
utilize peer support professionals, as defined in section 27 -60-108, when performing follow -up
care with clients. A recovery residence may facilitate follow -up care through contacts with
community-based providers or the 988 crisis hotline operated pursuant to section 27-64-103.
(8) The certifying body shall establish a fair and accessible grievance and appeal process for
clients to appeal a discharge or transfer decision made by a recovery residence. The grievance
and appeal process must, at a minimum:
(a) Require written documentation of the grievance within one week of receiving the
grievance if the grievance is received verbally; and
(b) Provide the client with a decision not later than seventy-two hours after the date the client
submits a grievance or appeal.
(9) The recovery residence shall provide a client who is discharged or transferred with a
written notice indicating the reason for discharge, treatment referrals, and referrals for other
services the client is receiving. The written notice must outline the client's right to appeal the
discharge or transfer, the timeline required for an appeal, and how to submit an appeal.
(10) Any certified recovery residence or client adversely affected or aggrieved by a decision
made by the certifying body pursuant to this section has the right to appeal to the Colorado
department of personnel and administration, office of administrative courts and may
subsequently seek judicial review of the certifying body's action.
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(11) A recovery residence shall make the recovery residence's code of conduct, drug
screening policy, and discharge and transfer policy accessible in all common areas of the
recovery residence.
(12) The recovery residence shall not consider age, gender, disability, race, color, ancestry,
citizenship, pregnancy, sexual orientation, gender identity or expression, national origin, medical
condition, marital status, veteran status, payment source or ability, or any other basis prohibited
by federal, state, or local law when determining whether to discharge or transfer a client.
(13) This section is repealed, effective July 1, 2027.
Source: L. 2023: Entire section added with relocations, (HB 23 -1204), ch. 145, p. 618, § 1,
effective August 7. L. 2024: IP(1)(b)(I), (3), and (4) amended, (SB 24 -048), ch. 405, p. 2785, §
6, effective August 7. L. 2025: (7)(c)(IV) and (7)(e) amended, (SB 25-236), ch. 140, p. 532, § 8,
effective July 1. L. 2026: (13) added, (SB 26-113), ch. 302, p. 1731, § 5, effective August 12.
Editor's note: This section is similar to former § 25-1.5-108.5 as it existed prior to 2023.
PART 2
CONTROLLED SUBSTANCES
Editor's note: This part 2 was added with relocations in 2012. Former C.R.S. section numbers
are shown in editor's notes following those sections that were relocated. For a detailed
comparison of this part 2, see the comparative tables located in the back of the index.
27-80-201. Short title.
This part 2 shall be known and may be cited as the "Colorado Licensing of Controlled
Substances Act".
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1595, § 5,
effective July 1.
Editor's note: This section is similar to former § 12-22-301 as it existed prior to 2012.
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27-80-202. Legislative declaration.
The general assembly finds, determines, and declares that strict control of controlled
substances within this state is necessary for the immediate and future preservation of the public
peace, health, and safety and that the licensing, record -keeping, penalty, and other provisions
contained in this part 2 are necessary for the achievement of such control.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1595, § 5,
effective July 1.
Editor's note: This section is similar to former § 12-22-302 as it existed prior to 2012.
27-80-203. Definitions.
As used in this part 2, unless the context otherwise requires:
(1) and (2) Repealed.
(3) "Administer" means to apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient.
(4) "Agent" means an authorized person who acts on behalf of or at the direction of a person
licensed or otherwise authorized under this part 2. "Agent" does not include a common or
contract carrier, a public warehouseman, or an employee of a carrier or warehouseman.
(5) "Bureau" means the drug enforcement administration, or its successor agency, of the
United States department of justice.
(6) (a) "Compound" means to prepare, mix, assemble, package, or label a drug or device:
(I) As the result of a practitioner's prescription drug order, chart order, or initiative, based on
the relationship between the practitioner, patient, and pharmacist in the course of professional
practice; or
(II) For the purpose of, or as an incident to, teaching or chemical analysis and not for sale or
dispensing.
(b) "Compound" also includes the preparation of drugs or devices in anticipation of
prescription drug orders based on routine, regularly observed prescribing patterns.
(7) "Controlled substance" shall have the same meaning as in section 18-18-102 (5), C.R.S.
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(8) "Deliver" or "delivery" means actual, constructive, or attempted transfer of a controlled
substance whether or not there is an agency relationship.
(9) Repealed.
(10) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, or
similar or related article that is required under federal law to bear the label, " Caution: federal
law requires dispensing by or on the order of a physician. " "Device" also includes any
component part of, or accessory or attachment to, any such article, whether or not the component
part, accessory, or attachment is separately so labeled.
(11) "Dispense" means to interpret, evaluate, and implement a prescription drug or controlled
substances order or chart order, including the preparation of a drug or device for a patient or
patient's agent in a suitable container appropriately labeled for subsequent administration to or
use by a patient.
(12) "Distribute" means to deliver a controlled substance other than by administering or
dispensing.
(13) (a) "Drug" means any of the substances:
(I) Recognized as drugs in the official United States pharmacopoeia, national formulary, or
the official homeopathic pharmacopoeia of the United States, or a supplement thereof;
(II) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
individuals or animals;
(III) Other than food, intended to affect the structure or any function of the body of
individuals or animals; or
(IV) Intended for use as a component of any substance specified in subparagraph (I), (II), or
(III) of this paragraph (a).
(b) "Drug" does not include devices or their components, parts, or accessories.
(14) to (16) Repealed.
(16.3) "Medically managed treatment" means a program of care designed to promote the
medical and psychiatric stability of an individual with a substance use disorder by addressing
acute physiological signs and symptoms of substance withdrawal or the ongoing management of
addiction-related symptoms and may include the administration or dispensing of any formulation
of a controlled substance medication approved under federal law or regulation as part of
treatment for a substance use disorder, which may ran ge from short -term intoxication or
treatment focusing on stabilizing and reducing immediate physiological symptoms to long -term
medication management intended to decrease illicit substance use and support sustained
recovery. Services provided as part of medically managed treatment are intended to be integrated
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with behavioral health interventions that address the underlying factors contributing to the
substance use disorder.
(16.5) "Opioid treatment program" means a treatment program licensed pursuant to this part
2 and certified as an opioid treatment program by the federal substance abuse and mental health
services administration pursuant to the rules of the federal department of health and human
services and the federal drug enforcement administration, to provide medication -assisted
treatment for people diagnosed with an opioid-use disorder.
(17) "Peace officer" shall have the same meaning as set forth in section 16-2.5-101, C.R.S.
(18) "Person" means any individual, government, governmental subdivision, agency,
business trust, estate, trust, partnership, corporation, association, institution, or other legal entity.
(19) "Peyote" means all parts of the plant presently classified botanically as lophophora
williamsii lemaire, whether growing or not, the seeds thereof, any extraction from any part of
such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such
plant or its seeds or extracts.
(20) "Practitioner" means a person authorized by law to prescribe any drug or device, acting
within the scope of such authority.
(21) "Prescription drug" means a drug that, prior to being dispensed or delivered, is required
to be labeled with the following statement: "Caution: Federal law prohibits dispensing without a
prescription.", "Rx only", or "Caution: Federal law restricts this drug to use by or on the order of
a licensed veterinarian."
(22) and (23) Repealed.
(23.3) "Substance use disorder" means a chronic relapsing brain disease that is diagnosed by
a licensed practitioner qualified to diagnose substance use disorders. "Substance use disorder" is
characterized by recurrent use of alcohol, drugs, or both, causing clinically significant
impairment, including health problems, disability, and failure to meet major responsibilities at
work, school, or home.
(23.5) "Substance use disorder treatment program" means a program licensed pursuant to
this part 2 for the medically managed treatment of a person with a substance use disorder.
"Substance use disorder treatment program" includes an opioid treatment program.
(24) and (25) Repealed.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1596, § 5,
effective July 1. L. 2017: (1) and (2) repealed, (9), (14), and (25) amended, and (23.3) and (23.5)
added, (SB 17-242), ch. 266, p. 1360, § 263, effective May 25. L. 2019: (3), (6)(a)(II), and (23.5)
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amended, (16.5) added, and (23) repealed, (SB 19-219), ch. 277, p. 2613, § 2, effective August 2;
(23.3) amended, (HB 19 -1172), ch. 136, p. 1714, § 201, effective October 1. L. 2026: (9), (14),
(15), (16), (22), (24), and (25) repealed, (16.3) added, and (23.3) and (23.5) amended, (HB 26 -
1214), ch. 231, p. 1339, § 2, effective August 12.
Editor's note: This section is similar to former § 12 -22-303 and § 12 -22-102 as they existed
prior to 2012.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
ANNOTATION
Annotator's note. The following
annotations include cases decided under
former provisions similar to this section.
The distinction between marihuana
and marihuana concentrate as set forth in
subsections (17) and (18) complies with
both the equal protection and due process
requirements of the Colorado and United
States Constitutions. People v. Rickstrew,
712 P.2d 1008 (Colo. 1986).
Marijuana and hashish are separate
drugs. The general assembly has utilized
language which sufficiently distinguishes
"marijuana" and "hashish" as being separate
dangerous drugs. People v. Magoon, 645
P.2d 286 (Colo. App. 1982).
The statutory definition of marijuana
includes all variants of the species
cannabis including cannabis indicia. People
v. Wimer, 799 P.2d 436 (Colo. App. 1990).
Any amount of marihuana sufficient to
ingest will support a conviction for
possession of contraband in a detention
facility, where statute fails to specify an
amount. People v. Greenwell, 830 P.2d 1116
(Colo. App. 1992).
27-80-204. License required - controlled substances - repeal.
(1) (a) In accordance with part 3 of article 18 of title 18, a substance use disorder treatment
program that compounds, administers, or dispenses a controlled substance shall annually obtain a
license issued by the BHA for each place of business or professional practice located in this state.
(b) (I) This subsection (1) is repealed, effective September 1, 2041.
(II) Prior to the repeal, the department of regulatory agencies shall review the licensing
functions of the BHA as provided in section 24-34-104. In conducting the review, the department
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of regulatory agencies shall consider whether the licensing pursuant to this subsection (1) should
be combined with the licensing of any other substance use disorder treatment programs by the
department.
(2) Persons licensed as required under this part 2, or otherwise licensed as required by
federal law, may possess, distribute, dispense, or administer controlled substances only to the
extent authorized by their licenses and in conformity with the provisions of this part 2 and with
article 18 of title 18.
(3) An employee of a facility, as defined in section 25 -1.5-301, who is administering and
monitoring medications to persons under the care or jurisdiction of the facility pursuant to part 3
of article 1.5 of title 25 need not be licensed by the BHA to lawfully possess controlled
substances under this part 2.
(4) A person who is required to be but is not yet licensed may apply for a license at any time.
A person who is required to be licensed under this part 2 shall not engage in any activity for
which a license is required until the BHA grants the person's application and issues a license to
the person.
(5) Repealed.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1601, § 5,
effective July 1. L. 2014: (1)(b)(I) amended, (HB 14-1173), ch. 291, p. 1191, § 2, effective May
31. L. 2017: (1)(a) and (1)(b)(II) amended, (SB 17 -242), ch. 263, p. 1361, § 267, effective May
25. L. 2019: (1)(b)(I) and (2) amended and (5) repealed, (SB 19 -219), ch. 277, p. 2614, § 3,
effective August 2. L. 2022: (1)(a), (1)(b)(II), (3) and (4) amended, (HB 22 -1278), ch. 222, p.
1564, § 164, effective July 1. L. 2026: (1)(b)(I) amended, (HB 26 -1214), ch. 231, p. 1340, § 3,
effective August 12.
Editor's note: This section is similar to former § 12-22-304 as it existed prior to 2012.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-205. Issuance of license - fees.
(1) The BHA, as provided in section 27 -80-204 (1), shall issue the appropriate license to
each substance use disorder treatment program meeting all the requirements of this part 2 unless
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it determines that the issuance of the license would be inconsistent with the public interest. In
determining the public interest, the BHA shall consider the following factors:
(a) Maintenance of effective controls against diversion of controlled substances into
illegitimate medical, scientific, or industrial channels;
(b) Compliance with applicable state and local laws;
(c) Any conviction of the applicant under any federal or state law relating to a controlled
substance;
(d) Past experience in the manufacture or distribution of controlled substances and the
existence in the applicant's establishment of effective controls against diversion;
(e) Any false or fraudulent information in an application filed under this part 2;
(f) Suspension or revocation of the applicant's federal registration to manufacture, distribute,
or dispense a controlled substance as authorized by federal law; and
(g) Any other factors relevant to and consistent with the public peace, health, and safety.
(2) Issuance of a license under subsection (1) of this section does not entitle a licensee to
distribute or professionally use controlled substances beyond the scope of the licensee's federal
registration.
(3) (a) Repealed.
(a.5) The BHA may administratively set initial and annual license fees for substance use
disorder treatment programs to approximate the direct and indirect costs of the program.
(b) The BHA shall transmit the fees collected pursuant to this section to the state treasurer
for deposit in the controlled substances program fund created in section 27-80-206.
(4) Any person who is licensed may apply for license renewal not more than sixty days
before the expiration date of the license.
(5) The United States, the state of Colorado, or any political subdivision of the state is not
required to pay any license fee required by this part 2.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1602, § 5,
effective July 1. L. 2014: (3)(a)(I) repealed and (3)(a.5) added, (HB 14-1173), ch. 291, p. 1192, §
5, effective May 31. L. 2017: IP(1) and (3)(a.5) amended, (SB 17 -242), ch. 263, p. 1361, § 268,
effective May 25. L. 2019: IP(1) amended and (3)(a) repealed, (SB 19 -219), ch. 277, p. 2614, §
4, effective August 2. L. 2022: IP(1), (3)(a.5), and (3)(b) amended, (HB 22 -1278), ch. 222, p.
1564, § 165, effective July 1.
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Editor's note: This section is similar to former § 12-22-305 as it existed prior to 2012.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-206. Controlled substances program fund - disposition of fees.
There is created in the state treasury the controlled substances program fund. The BHA shall
transmit all money it collects pursuant to this part 2 to the state treasurer, who shall credit the
money to the controlled substances program fund. The general assembly shall annually
appropriate money from the controlled substances program fund to the BHA for the purposes
authorized by this part 2. All money credited to the controlled substances program fund and any
interest earned on the fund remains in the fund and does not revert to the general fund or any
other fund at the end of any fiscal year.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1604, § 5,
effective July 1. L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1564, § 166,
effective July 1.
Editor's note: This section is similar to former § 12-22-306 as it existed prior to 2012.
27-80-207. Qualifications for license.
(1) An applicant for a license under this part 2 shall have adequate and proper facilities for
the handling and storage of controlled substances and shall maintain proper control over the
controlled substances to ensure the controlled substances are not illegally dispensed or
distributed.
(2) Repealed.
(3) The BHA shall not grant a license to a person who has been convicted within the last two
years of a willful violation of this part 2 or any other state or federal law regulating controlled
substances.
(4) Except for fees, compliance by a registrant with the provisions of the federal law
respecting registration entitles the registrant to be licensed under this part 2.
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Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1604, § 5,
effective July 1. L. 2019: (2) repealed, (SB 19-219), ch. 277, p. 2615, § 5, effective August 2. L.
2022: (3) amended, (HB 22-1278), ch. 222, p. 1565, § 167, effective July 1.
Editor's note: This section is similar to former § 12-22-307 as it existed prior to 2012.
27-80-208. Denial, revocation, or suspension of license - other disciplinary actions -
notice.
(1) The BHA may deny, suspend, or revoke a license issued under this part 2 pursuant to
article 4 of title 24, or take other disciplinary action as set forth in subsection (2.5) of this
section, at the BHA's discretion, upon a finding that the licensee:
(a) Has furnished false or fraudulent information in an application filed under this part 2;
(b) Has been convicted of, or has had accepted by a court a plea of guilty or nolo contendere
to, a felony under any state or federal law relating to a controlled substance;
(c) Has had his or her federal registration to manufacture, distribute, or dispense a controlled
substance suspended or revoked; or
(d) Has violated any provision of this part 2 or the rules of the BHA or of the state board of
human services created in section 26-1-107.
(2) The BHA may limit revocation or suspension of a license to the particular controlled
substance that was the basis for revocation or suspension.
(2.5) If the BHA determines that a licensee has committed an act that would authorize the
BHA to deny, revoke, or suspend a license, the BHA may, at its discretion, impose other
disciplinary actions that may include, but need not be limited to, a fine not to exceed five
hundred dollars, probation, or stipulation.
(3) If the BHA suspends or revokes a license, the BHA may place all controlled substances
owned or possessed by the licensee at the time of the suspension or on the effective date of the
revocation order under seal. The BHA may not dispose of substances under seal until the time for
making an appeal has elapsed or until all appeals have been concluded, unless a court orders
otherwise or orders the sale of any perishable controlled substances and the deposit of the
proceeds with the court. When a revocation order becomes final, all controlled substances may
be forfeited to the state.
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(4) The BHA shall promptly notify the bureau and the appropriate professional licensing
agency, if any, of all charges and the final disposition of the charges, and of all forfeitures of a
controlled substance.
(5) (a) On or before July 1, 2020, the BHA shall develop and implement a formal, simple,
accurate, and objective system to track and categorize complaints made against a licensee and
disciplinary action taken pursuant to this part 2.
(b) Repealed.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1604, § 5,
effective July 1. L. 2014: IP(1) amended and (2.5) added, (HB 14 -1173), ch. 291, p. 1192, § 3,
effective May 31. L. 2019: IP(1) and (1)(c) amended and (5) added, (SB 19 -219), ch. 277, p.
2615, § 6, effective August 2. L. 2022: IP(1), (1)(d), (2), (2.5), (3), (4), and (5)(a) amended, (HB
22-1278), ch. 222, p. 1565, § 168, effective July 1.
Editor's note: (1) This section is similar to former § 12-22-308 as it existed prior to 2012.
(2) Subsection (5)(b)(II) provided for the repeal of subsection (5)(b), effective July 1, 2021.
(See L. 2019, p. 2615.)
27-80-209. Exemptions.
(1) The provisions of section 18-18-414, C.R.S., do not apply to:
(a) Agents of persons licensed under this part 2 or under part 3 of article 18 of title 18,
C.R.S., acting within the provisions of their licenses; or
(b) Officers or employees of appropriate agencies of federal, state, or local governments
acting pursuant to their official duties.
(2) All combination drugs that are exempted by regulation of the attorney general of the
United States department of justice, pursuant to section 1006 (b) of Public Law 91 -513 (84 Stat.
1236), known as the "Comprehensive Drug Abuse Prevention and Control Act of 1970", on or
after July 1, 1981, are exempt from this part 2 and part 3 of article 18 of title 18, C.R.S.
(3) This part 2 does not apply to peyote if it is used in religious ceremonies of any bona fide
religious organization.
(4) Section 27 -80-210 does not apply to a practitioner authorized to prescribe any controlled
substance that is listed in schedules III, IV , or V of part 2 of article 18 of title 18, C.R.S., and that
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is manufactured, received, or dispensed by the practitioner in the course of his or her
professional practice, unless:
(a) The practitioner dispenses, other than by direct administration, a schedule III, IV , or V
controlled substance to his or her patients, and the practitioner charges the patients either
separately or together with charges for other professional services; or
(b) The practitioner regularly engages in dispensing a schedule III, IV , or V controlled
substance to his or her patients.
(5) The exemptions set forth in this section are available as a defense to any person accused
of violating section 18-18-414, C.R.S.
(6) The state is not required to negate any exemption or exception in this part 2 or in part 3
or 4 of article 18 of title 18, C.R.S., in any complaint, information, indictment, or other pleading
or in any trial, hearing, or other proceeding under this part 2 or under part 4 of article 18 of title
18, C.R.S. The burden of proving an exemption or exception is upon the person claiming the
exemption or exception.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1605, § 5,
effective July 1.
Editor's note: This section is similar to former § 12-22-317 as it existed prior to 2012.
27-80-210. Records to be kept - order forms.
(1) Each person licensed or otherwise authorized under this part 2 or other laws of this state
to manufacture, purchase, distribute, dispense, administer, store, or otherwise handle controlled
substances shall keep and maintain separate detailed and accurate records and inventories
relating to controlled substances and retain the records and inventories for a period of two years
after the respective dates of the transactions as shown on the records and inventories.
(2) The record of any controlled substance distributed, administered, dispensed, or otherwise
used must show the date the controlled substance was distributed, administered, dispensed, used,
or otherwise disposed of, the name and address of the person to whom or for whose use the
controlled substance was distributed, administered, dispensed, used, or otherwise disposed of,
and the kind and quantity of the controlled substance.
(3) A person who maintains a record required by federal law that contains substantially the
same information as set forth in subsections (1) and (2) of this section is deemed to comply with
the record-keeping requirements of this part 2.
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(4) A person required to maintain records pursuant to this section shall keep a record of any
controlled substance lost, destroyed, or stolen, the kind and quantity of the controlled substance,
and the date of the loss, destruction, or theft.
(5) A person licensed or otherwise authorized under this part 2 or other laws of this state
shall distribute, administer, dispense, use, or otherwise dispose of controlled substances listed in
schedule I or II of part 2 of article 18 of title 18, C.R.S., only pursuant to an order form.
Compliance with the provisions of federal law respecting order forms is deemed compliance
with this section.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1606, § 5,
effective July 1.
Editor's note: This section is similar to former § 12-22-318 as it existed prior to 2012.
27-80-211. Enforcement and cooperation.
(1) Each peace officer and district attorney in this state shall enforce this part 2 and shall
cooperate with all agencies charged with the enforcement of the laws of this state, all other
states, and the United States relating to controlled substances.
(2) The BHA shall cooperate with all agencies charged with the enforcement of the laws of
this state, all other states, and the United States relating to controlled substances. To this end, the
BHA shall:
(a) Arrange for the exchange of information among governmental officials concerning the
use and abuse of controlled substances;
(b) Cooperate with the bureau and with local, state, and other federal agencies by
maintaining a centralized unit to accept, catalogue, file, and collect statistics, including records
of dependent and other controlled substance law offenders within the state, and make the
information available for federal, state, and local law enforcement or regulatory purposes. The
BHA shall not furnish the name or identity of a patient whose identity could not be obtained
under section 27-80-212.
(c) Respond to referrals, complaints, or other information received regarding possible
violations and, upon notification of the appropriate licensing authority, if applicable, and upon a
written finding by the commissioner that probable cause exists to believe that there is illegal
distribution or dispensing of controlled substances, to make any inspections, investigations, and
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reports that may be necessary to determine compliance with this part 2 by all licensed or
otherwise authorized individuals who handle controlled substances;
(d) Cooperate with and make information available to appropriate state licensing and
registration boards regarding any violations of this part 2 by persons licensed or registered by the
boards;
(e) Enter into contracts and encourage and conduct educational and research activities
designed to prevent and determine misuse and abuse of controlled substances.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1607, § 5,
effective July 1. L. 2019: (2)(b) amended, (SB 19-219), ch. 277, p. 2615, § 7, effective August 2.
L. 2022: IP(2), (2)(b), and (2)(c) amended, (HB 22-1278), ch. 222, p. 1566, § 169, effective July
1.
Editor's note: This section is similar to former § 12-22-319 as it existed prior to 2012.
27-80-212. Records confidential.
Prescriptions, orders, and records required by this part 2 and stocks of controlled substances
are open for inspection only to federal, state, county, and municipal officers whose duty it is to
enforce the laws of this state or of the United States relating to controlled substances or the
regulation of practitioners. No officer having knowledge, by virtue of his or her office, of a
prescription, order, or record shall divulge his or her knowledge, except in connection with a
prosecution or proceeding in court or before a licensing or registration board or officer to which
prosecution or proceeding the person to whom the prescriptions, orders, or records relate is a
party.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1607, § 5,
effective July 1.
Editor's note: This section is similar to former § 12-22-320 as it existed prior to 2012.
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27-80-213. Rules - policies.
(1) The BHA shall update rules and promulgate new rules, as necessary and pursuant to
article 4 of title 24, to implement this part 2. The BHA shall make the rules available to the
public on its website.
(2) The BHA shall adopt rules, in accordance with article 4 of title 24, for the conduct of
medically managed treatment.
(3) The BHA shall develop a policy that separates the administration of this part 2 from the
administration of article 81 of this title 27. The policy must ensure that the BHA's performance
of its duties pursuant to this part 2 does not interfere with the performance of its duties as
required by article 81 of this title 27.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1608, § 5,
effective July 1. L. 2017: (2) amended, (SB 17 -242), ch. 263, p. 1362, § 269, effective May 25.
L. 2019: (2) amended and (3) added, (SB 19 -219), ch. 277, p. 2616, § 8, effective August 2. L.
2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1566, § 170, effective July 1. L. 2026:
(2) amended, (HB 26-1214), ch. 231, p. 1341, § 4, effective August 12.
Editor's note: This section is similar to former § 12 -22-321 and § 12 -22-322 as they existed
prior to 2012.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-80-214. Defenses.
The common law defense known as the "procuring agent defense" is not a defense to any
crime in this part 2 or in title 18, C.R.S.
Source: L. 2012: Entire part added with relocations, (SB 12 -1311), ch. 281, p. 1608, § 5,
effective July 1.
Editor's note: This section is similar to former § 12-22-324 as it existed prior to 2012.
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27-80-215. Central registry - registration required - notice - repeal.
(1) (a) On or before July 1, 2020, the BHA shall develop or procure a secure online central
registry, referred to in this section as the "registry", to register patients treated in a opioid
treatment program.
(b) The BHA shall operate and maintain the registry or enter into an agreement with a third
party to operate and maintain the registry on its behalf.
(c) Each opioid treatment program shall register and maintain an account with the registry.
(d) Repealed.
(2) (a) (I) In order to prevent simultaneous enrollment of a patient in more than one opioid
treatment program, each opioid treatment program shall fully participate in the registry, including
submitting a query to the registry for each patient and entering in patient information as required
by this part 2 and BHA rule.
(II) For each patient, the entry into the registry must include the patient's name, the opioid
treatment program providing treatment to the patient, and any information the BHA deems
necessary to further the goals of this part 2.
(III) Any person seeking treatment from an opioid treatment program must provide the
program with any information required by this section and authorize the program to query the
registry. A program may not query or enter any information into the registry without
authorization from the patient.
(b) The BHA shall establish the method for opioid treatment programs to enter information
into the registry and query the registry for information concerning prospective patients.
(3) (a) This section is repealed, effective September 1, 2041.
(b) Prior to the repeal, the department of regulatory agencies shall review the registration
functions of the BHA as provided in section 24-34-104.
Source: L. 2019: Entire section added, (SB 19-219), ch. 277, p. 2616, § 9, effective August 2.
L. 2022: (1)(a), (1)(b), (2)(a)(I), (2)(a)(II), (2)(b), and (3)(b) amended, (HB 22-1278), ch. 222, p.
1566, § 171, effective July 1. L. 2026: (1)(a) and (3)(a) amended, (HB 26 -1214), ch. 231, p.
1341, § 5, effective August 12.
Editor's note: Subsection (1)(d)(II) provided for the repeal of subsection (1)(d), effective July
1, 2021. (See L. 2019, p. 2616.)
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27-80-216. Policy verifying identity.
The BHA shall establish a policy on how an opioid treatment program must verify the identity
of individuals initiating into medically managed treatment for a substance use disorder. The BHA
policy must include verification requirements for individuals without identification and
individuals experiencing homelessness.
Source: L. 2019: Entire section added, (SB 19-227), ch. 273, p. 2583, § 13, effective May 23.
L. 2022: Entire section amended, (HB 22 -1278), ch. 222, p. 1567, § 172, effective July 1. L.
2026: Entire section amended, (HB 26-1214), ch. 231, p. 1341, § 6, effective August 12.
PART 3
BEHA VIORAL HEALTH ACCESS TO CARE OMBUDSMAN
27-80-301. Short title.
The short title of this part 3 is the "Behavioral Health Access to Care Ombudsman Act".
Source: L. 2018: Entire part added, (HB 18-1357), ch. 252, p. 1548, § 1, effective August 8.
27-80-302. Definitions.
As used in this part 3, unless the context otherwise requires:
(1) "Health-care provider" or "provider" means:
(a) A professional person, as defined in section 27-65-102 (27);
(b) A mental health professional licensed or certified under article 245 of title 12;
(c) Any other health -care provider regulated by the state when engaged in assisting
consumers with behavioral health-care access and coverage issues; or
(d) A health -care facility licensed pursuant to section 25 -1.5-103, when the facility is
engaged in assisting consumers with behavioral health-care access and coverage issues.
(2) "Office" means the office of the ombudsman for behavioral health access to care created
in section 27-80-303.
(3) "Ombudsman" means the individual designated pursuant to section 27 -80-303 as the
ombudsman for behavioral health access to care.
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Source: L. 2018: Entire part added, (HB 18 -1357), ch. 252, p. 1548, § 1, effective August 8.
L. 2019: (1)(b) amended, (HB 19 -1172), ch. 136, p. 1714, § 202, effective October 1. L. 2022:
(1)(a) amended, (HB 22-1256), ch. 451, p. 3237, § 45, effective August 10.
27-80-303. Office of ombudsman for behavioral health access to care - creation -
appointment of ombudsman - duties.
(1) (a) There is created in the office of the executive director of the department the office of
the ombudsman for behavioral health access to care for the purpose of assisting Coloradans in
accessing behavioral health care. The office of the ombudsman for behavioral health access to
care is a type 1 entity, as defined in section 24-1-105.
(b) The department and the BHA shall offer the office limited support with respect to:
(I) Personnel matters;
(II) Recruitment;
(III) Payroll;
(IV) Benefits;
(V) Budget submission, as needed;
(VI) Accounting;
(VII) Office space, facilities, and technical support; and
(VIII) Administrative support that will help maintain the independence of the office.
(c) The office operates with full independence and has complete autonomy, control, and
authority over operations, budget, and personnel decisions related to the office and the
ombudsman, subject to state personnel and fiscal rules. The office may seek, accept, and expend
gifts, grants, or donations for the purpose of operating the office. The department may, but is not
required to, provide funding to the office.
(2) By November 1, 2018, the governor shall designate an ombudsman for behavioral health
access to care, who shall serve as director of the office. The ombudsman shall serve as a neutral
party to help consumers, including consumers who are uninsured or have public or private health
benefit coverage, including coverage that is not subject to state regulation, and health -care
providers, acting on their own behalf, on behalf of a consumer with the consumer's written
permission, or on behalf of a group of health -care providers, navigate and resolve issues and
ensure compliance regarding consumer access to behavioral health care, including care for
mental health conditions and substance use disorders.
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(3) The ombudsman shall:
(a) Interact with consumers and health -care providers with concerns or complaints to help
the consumers and providers resolve behavioral health-care access and coverage issues;
(b) Identify, track, and report to the appropriate regulatory or oversight agency concerns,
complaints, and potential violations of state or federal rules, regulations, or statutes concerning
the availability of, and terms and conditions of, benefits for mental health conditions or
substance use disorders, including potential violations related to quantitative and nonquantitative
treatment limitations;
(c) Receive and assist consumers and providers in reporting concerns and filing complaints
with appropriate regulatory or oversight agencies relating to inappropriate care, a procedure for
an emergency mental health hold pursuant to section 27 -65-106, a certification for short -term
treatment pursuant to section 27 -65-108.5 or 27-65-109, or a certification for long -term care and
treatment pursuant to section 27-65-110;
(d) Provide appropriate information to help consumers obtain behavioral health care;
(e) Develop appropriate points of contact for referrals to other state and federal agencies;
(f) Provide appropriate information to help consumers or health -care providers file appeals
or complaints with the appropriate entities, including insurers and other state and federal
agencies; and
(g) Be the appointing authority for any employees the office may choose to hire. Any such
employees are state employees subject to the state personnel system.
(4) The ombudsman, employees of the office, and any persons acting on behalf of the office
shall comply with all state and federal confidentiality laws that govern the department and the
BHA with respect to the treatment of confidential information or records and the disclosure of
such information and records.
(5) In the performance of the ombudsman's duties, the ombudsman shall act independently of
the department and the BHA. Any recommendations made or positions taken by the ombudsman
do not reflect those of the department or the BHA.
Source: L. 2018: Entire part added, (HB 18 -1357), ch. 252, p. 1549, § 1, effective August 8.
L. 2021: (1)(b), (1)(c), (2), (3)(e), and (3)(f) amended and (3)(g) added, (SB 21 -137), ch. 362, p.
2380, § 25, effective June 28. L. 2022: (1)(a), IP(1)(b), (4), and (5) amended, (HB 22 -1278), ch.
222, p. 1567, § 173 effective July 1; (1)(a) amended, (SB 22 -162), ch. 469, p. 3379, § 79,
effective August 10; (3)(c) amended, (HB 22 -1256), ch. 451, p. 3237, § 46, effective August 10.
L. 2023: IP(1)(b) and (5) amended, (HB 23 -1236), ch. 206, p. 1070, § 44, effective May 16;
(3)(c) amended, (HB 23-1138), ch. 423, p. 2492, § 19, effective July 1, 2024.
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Editor's note: Amendments to subsection (1)(a) by SB 22 -162 and HB 22 -1278 were
harmonized.
Cross references: For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021. For the short title (the "Debbie Haskins 'Administrative Organization Act of
1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado
2022.
27-80-304. Liaisons - department - commissioner of insurance.
The commissioner of insurance and the executive director of the department shall each appoint
a liaison to the ombudsman to receive reports of concerns, complaints, and potential violations
described in section 27-80-303 (3)(b) from the ombudsman, consumers, or health-care providers.
Source: L. 2018: Entire part added, (HB 18 -1357), ch. 252, p. 1551, § 1, effective August 8.
L. 2022: Entire section amended, (HB 22-1278), ch. 222, p. 1568, § 174, effective July 1.
27-80-305. Qualified immunity.
The ombudsman and employees or persons acting on behalf of the office are immune from suit
and liability, either personally or in their official capacities, for any claim for damage to or loss
of property, or for personal injury or other civil liability caused by or arising out of any actual or
alleged act, error, or omission that occurred within the scope of employment, duties, or
responsibilities pertaining to the office, including issuing reports or recommendations; except
that nothing in this section protects those persons from suit or liability for damage, loss, injury,
or liability caused by the intentional or willful and wanton misconduct of the person.
Source: L. 2018: Entire part added, (HB 18-1357), ch. 252, p. 1551, § 1, effective August 8.
27-80-306. Annual report.
(1) On or before September 1, 2020, and on or before September 1 of each year thereafter,
the ombudsman shall prepare and submit, in accordance with subsection (2) of this section, a
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written report that includes information from the preceding fiscal year concerning actions taken
by the ombudsman relating to the duties of the office set forth in section 27-80-303.
(2) The ombudsman shall submit the report required by this section to the governor, the
executive director of the department and the commissioner of the BHA, the commissioner of
insurance, the senate committee on health and human services or any successor committee, and
the house of representatives committees on health and insurance and public and behavioral
health and human services or any successor committees. Notwithstanding section 24 -1-136
(11)(a)(I), the reporting requirement set forth in this section continues indefinitely.
(3) The ombudsman shall post the annual report on the BHA's website.
(4) The ombudsman shall not include in the report required by this section any personally
identifying information about an individual consumer or health -care provider or identifying
information about a health-care facility licensed pursuant to section 25 -1.5-103 or an emergency
medical services facility, as defined in section 27-65-102.
Source: L. 2018: Entire part added, (HB 18 -1357), ch. 252, p. 1551, § 1, effective August 8.
L. 2022: (2) and (3) amended, (HB 22 -1278), ch. 222, p. 1568, § 175, effective July 1; (4)
amended, (HB 22-1256), ch. 451, p. 3237, § 47, effective August 10.
ARTICLE 81
Substance Use Disorders Education, Prevention, and Treatment
27-81-101. Legislative declaration.
27-81-102. Definitions.
27-81-103. Powers of the behavioral
health administration.
27-81-104. Duties of the behavioral
health administration -
review.
27-81-105. Comprehensive program for
treatment - regional
facilities.
27-81-106. Standards for public and
private treatment facilities
- fees - enforcement
procedures - penalties.
27-81-107. Compliance with local
government zoning
regulations - notice to
local governments -
provisional approval -
repeal. (Repealed)
27-81-107.5. Licensure. (Repealed)
27-81-108. Acceptance for treatment -
rules.
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27-81-109. V oluntary treatment of
persons with substance
use disorders.
27-81-110. V oluntary treatment for
persons intoxicated by
alcohol, under the
influence of drugs, or
incapacitated by
substances.
27-81-111. Emergency commitment.
27-81-112. Involuntary commitment of a
person with a substance
use disorder.
27-81-113. Records of persons with
substance use disorders,
persons intoxicated by
alcohol, and persons
under the influence of
substances.
27-81-114. Rights of persons receiving
evaluation, care, or
treatment.
27-81-115. Emergency service patrol -
establishment - rules.
27-81-116. Payment for treatment -
financial ability of
patients.
27-81-117. Criminal laws - limitations.
27-81-118. Opioid crisis recovery funds
advisory committee -
creation - membership -
purpose.
27-81-101. Legislative declaration.
(1) The general assembly recognizes the character and pervasiveness of substance use
disorders and that substance use disorders are serious problems. The general assembly further
finds and declares that these problems have been very seriously neglected and that the social and
economic costs and the waste of human resources caused by substance use disorders are massive,
tragic, and no longer acceptable. The general assembly believes that the best interests of this state
demand an across-the-board, locally oriented attack on the massive problems of drug abuse and
substance use disorders. The attack includes prevention, education, and treatment, and this article
81 provides a base from which to launch the attack and reduce the tragic human loss.
(2) It is the policy of this state that persons with substance use disorders, persons intoxicated
by alcohol, and persons under the influence of drugs should be afforded treatment so they may
lead normal lives as productive members of society. The general assembly finds and declares that
substance use disorders are matters of statewide concern.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 732, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1362, § 270,
effective May 25. L. 2020: Entire section R&RE, (SB 20 -007), ch. 286, p. 1392, § 11, effective
July 13.
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Editor's note: This section is similar to former § 27-82-101 as it existed prior to 2020.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
ANNOTATION
Annotator's note. Since § 27 -81-101 is
similar to § 25 -1-301 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Compelling state interest. The state has
a compelling interest in protecting an
intoxicated individual and the general public
from the catastrophic consequences of
alcohol abuse. Carberry v. Adams County
Task Force on Alcoholism, 672 P.2d 206
(Colo. 1983).
Applied in Ramos v. Lamm, 485 F. Supp.
122 (D. Colo. 1979).
27-81-102. Definitions.
As used in this article 81, unless the context otherwise requires:
(1) "Administrator" means the administrator of an approved treatment facility or an
individual authorized in writing to act as the administrator's designee.
(1.2) "Alcohol use disorder" means a chronic relapsing brain disease characterized by
recurrent use of alcohol causing clinically significant impairment, including health problems,
disability, and failure to meet major responsibilities at work, school, and home.
(2) "Approved private treatment facility" means a private agency meeting the standards
prescribed in section 27-81-106 (1) and approved under section 27-81-106.
(3) "Approved public treatment facility" means a treatment agency operating under the
direction and control of or approved by the BHA or providing treatment pursuant to this article
81 through a contract with the BHA pursuant to section 27 -81-105 (7) and meeting the standards
prescribed in section 27-81-106 (1) and approved pursuant to section 27-81-106.
(3.3) "Behavioral health administration" or "BHA" means the behavioral health
administration established in section 27-50-102.
(3.5) "Behavioral health entity" has the same meaning as defined in section 27-50-101.
(3.7) "Commissioner" means the commissioner of the behavioral health administration.
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(4) "Court" means the district court in the county in which the person named in a petition
filed pursuant to this article resides or is physically present. In the city and county of Denver,
"court" means the probate court.
(5) "Department" means the department of human services created in section 26 -1-105,
C.R.S.
(6) Repealed.
(6.5) "Drug" means a controlled substance, as defined in section 18 -18-102 (5), and toxic
vapors.
(6.8) "Emergency medical services facility" has the same meaning as set forth in section 27 -
65-102.
(7) "Emergency service patrol" means a patrol established under section 27-81-115.
(8) Repealed.
(9) "Incapacitated by alcohol" means that a person, as a result of the use of alcohol, is
unconscious, has his or her judgment otherwise so impaired that he or she is incapable of
realizing and making a rational decision with respect to his or her need for treatment, is unable to
take care of his or her basic personal needs or safety, or lacks sufficient understanding or
capacity to make or communicate rational decisions about himself or herself.
(9.2) "Incapacitated by drugs" means that a person, as a result of the use of drugs, is
unconscious or has judgment otherwise so impaired that the person is incapable of realizing and
making a rational decision with respect to the person's need for treatment, is unable to take care
of basic personal needs or safety, or lacks sufficient understanding or capacity to make or
communicate rational decisions concerning himself or herself.
(9.4) "Incapacitated by substances" means that a person is incapacitated by alcohol or is
incapacitated by drugs.
(10) Repealed.
(11) "Intoxicated person" or "person intoxicated by alcohol" means a person whose mental or
physical functioning is temporarily but substantially impaired as a result of the presence of
alcohol in his or her body.
(12) "Licensed physician" means either a physician licensed by the state of Colorado or a
hospital-licensed physician employed by the admitting facility.
(13) "Minor" means a person under the age of eighteen years.
(13.5) Repealed.
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(13.6) "Person under the influence of drugs" means any person whose mental or physical
functioning is temporarily but substantially impaired as a result of the presence of drugs in the
person's body.
(13.7) "Public funds" means money appropriated to the behavioral health administration by
the general assembly or any other governmental or private sources for withdrawal management
in approved facilities pursuant to this article 81.
(13.8) "Substance use disorder" means a chronic relapsing brain disease, characterized by
recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including
health problems, disability, and failure to meet major responsibilities at work, school, or home.
(13.9) "Toxic vapors" means a substance or product containing such substances as defined in
section 18-18-412 (3).
(14) "Treatment" means the broad range of emergency, outpatient, intermediate, and
inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological,
and social service care, vocational rehabilitation, and career counseling that may be extended to a
person with a substance use disorder, a person incapacitated by substances, a person under the
influence of drugs, and a person intoxicated by alcohol.
(15) Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 732, § 2,
effective April 29. L. 2011: (10) repealed, (HB 11-1303), ch. 264, p. 1172, § 81, effective August
10. L. 2017: IP, (1), (3), (6), and (14) amended, (13.5) added, and (15) repealed, (SB 17-242), ch.
263, p. 1362, § 271, effective May 25. L. 2019: (1) amended and (3.5) and (13.7) added, (HB 19-
1237), ch. 413, p. 3644, § 20, effective July 1, 2022. L. 2020: (1) and (14) amended and (1.2),
(6.5), (9.2), (9.4), (13.6), (13.8), and (13.9) added, (SB 20 -007), ch. 286, p. 1392, § 12, effective
July 13. L. 2021: (13.8) amended, (SB 21-266), ch. 423, p. 2803, § 26, effective July 2. L. 2022:
(3) and (13.7) amended, (3.3) and (3.7) added, and (6), (8) and (13.5) repealed, (HB 22 -1278),
ch. 222, p. 1568, § 176, effective July 1; (3.5)(a) amended, (HB 22-1295), ch. 123, p. 864, § 120,
effective July 1; (3.5) amended, (HB 22-1278), ch. 222, p. 1595, § 239, effective July 1, 2024. L.
2024: (6.8) added, (HB 24-1079), ch. 199, p. 1218, § 1, effective May 17.
Editor's note: (1) This section is similar to former § 25-1-302 as it existed prior to 2010.
(2) The provisions of this section are similar to several former provisions of § 27 -82-102 as
they existed prior to 2020. For a detailed comparison of this section, see SB 20 -007, L. 2020, p.
1392.
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(3) (a) Subsection (13.8) is similar to former § 27 -82-102 (13.5) as it would have become
effective July 1, 2022.
(b) Subsection (13.8) was added in 2020 by SB 20 -007, effective July 1, 2022. It was
subsequently amended in SB 21-266 to give it effect July 2, 2021.
(4) Subsection (3.5)(a) was amended in HB 22 -1295. Those amendments were superseded by
the amendment of subsection (3.5) in HB 22-1278, effective July 1, 2024.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-81-103. Powers of the behavioral health administration.
(1) To carry out the purposes of this article 81, the BHA may:
(a) Plan, establish, and maintain substance use disorder treatment programs as necessary or
desirable;
(b) Make contracts necessary or incidental to the performance of its duties and the execution
of its powers, including contracts with public and private agencies, organizations, and individuals
to pay them for services rendered or furnished to persons with substance use disorders, persons
intoxicated by alcohol, or persons under the influence of drugs;
(c) Solicit and accept for use any gift of money or property made by will or otherwise and
any grant of money, services, or property from the federal government, the state, or any political
subdivision thereof or any private source, and do all things necessary to cooperate with the
federal government or any of its agencies in making an application for any grant;
(d) Administer or supervise the administration of the provisions relating to persons with
substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs
of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment
legislation;
(e) Coordinate its activities and cooperate with substance use disorder treatment programs in
this state and other states and make contracts and other joint or cooperative arrangements with
state, local, or private agencies in this state and other states for the treatment of persons with
substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs
and for the common advancement of substance use disorder treatment programs;
(f) Keep records and engage in research and the gathering of relevant statistics;
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(g) Do other acts and things necessary or convenient to execute the authority expressly
granted to it; and
(h) Acquire, hold, or dispose of real property, or any interest therein, and construct, lease, or
otherwise provide substance use disorder treatment facilities for persons with substance use
disorders, persons intoxicated by alcohol, and persons under the influence of drugs.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 733, § 2,
effective April 29. L. 2017: IP(1), (1)(a), (1)(b), (1)(d), (1)(e), and (1)(h) amended, (SB 17 -242),
ch. 263, p. 1363, § 272, effective May 25. L. 2020: (1)(a), (1)(b), (1)(d), (1)(e), and (1)(h)
amended, (SB 20 -007), ch. 286, p. 1394, § 13, effective July 13. L. 2022: IP(1) amended, (HB
22-1278), ch. 222, p. 1569, § 177, effective July 1.
Editor's note: This section is similar to former § 25-1-303 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-81-104. Duties of the behavioral health administration - review.
(1) The BHA shall:
(a) Develop, encourage, and foster statewide, regional, and local plans and programs for the
prevention of substance use disorders and treatment of persons with substance use disorders,
persons intoxicated by alcohol, and persons under the influence of drugs, in cooperation with
public and private agencies, organizations, and individuals, and provide technical assistance and
consultation services for these purposes;
(b) Coordinate the efforts and enlist the assistance of all public and private agencies,
organizations, and individuals interested in prevention of substance use disorders and treatment
of persons with substance use disorders, persons intoxicated by alcohol, and persons under the
influence of drugs;
(c) Utilize behavioral health entities, community mental health centers and clinics, or other
approved treatment facilities, whenever feasible;
(d) Cooperate with the department of corrections in establishing and conducting programs
for the prevention of substance use disorders and treatment of persons with substance use
disorders, persons intoxicated by alcohol, and persons under the influence of drugs in appropriate
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agencies and institutions and for persons with substance use disorders, persons intoxicated by
alcohol, and persons under the influence of drugs in or on parole from correctional institutions
and in carrying out duties specified in subsections (1)(i) and (1)(k) of this section;
(e) Cooperate with the department of education, schools, police departments, courts, and
other public and private agencies, organizations, and individuals in establishing programs for the
prevention of substance use disorders and treatment of persons with substance use disorders,
persons intoxicated by alcohol, and persons under the influence of drugs and preparing
curriculum materials for use at all levels of school education;
(f) Prepare, publish, evaluate, and disseminate educational material dealing with the nature
and effects of alcohol and drugs;
(g) Develop and implement, as an integral part of substance use disorder treatment programs,
an educational program for use in the treatment of persons with substance use disorders, persons
intoxicated by alcohol, and persons under the influence of drugs. The program must include the
dissemination of information concerning the nature and effects of alcohol and drugs.
(h) Organize and foster training programs for all persons engaged in treatment of persons
with substance use disorders, persons intoxicated by alcohol, and persons under the influence of
drugs;
(i) Sponsor and encourage research into the causes and nature of substance use disorders and
treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons
under the influence of drugs, and serve as a clearinghouse for information relating to substance
use disorders;
(j) Specify uniform methods for keeping statistical information by public and private
agencies, organizations, and individuals and collect and make available relevant statistical
information, including number of persons treated, frequency of admission and readmission, and
frequency and duration of treatment;
(k) Advise the governor in the preparation of a comprehensive plan for treatment of persons
with substance use disorders, persons intoxicated by alcohol, and persons under the influence of
drugs for inclusion in the state's comprehensive health plan;
(l) Review all state health, welfare, and treatment plans to be submitted for federal funding
under federal legislation and advise the governor on provisions to be included relating to
substance use disorders, persons with substance use disorders, and persons under the influence of
drugs;
(m) Assist in the development of, and cooperate with, substance use education and treatment
programs for employees of state and local governments and businesses and industries in this
state;
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(n) Utilize the support and assistance of interested persons in the community, particularly
persons with substance use disorders that are in remission, to encourage persons with substance
use disorders to voluntarily undergo treatment;
(o) Cooperate with the department of transportation in establishing and conducting programs
designed to deal with the problem of persons operating motor vehicles while under the influence
of, or impaired by, alcohol or drugs;
(p) Encourage general hospitals and other appropriate health facilities to admit without
discrimination persons with substance use disorders, persons intoxicated by alcohol, and persons
under the influence of drugs and to provide them with adequate and appropriate treatment;
(q) Encourage all health and disability insurance programs to include substance use disorders
as a covered illness;
(r) Submit to the governor an annual report covering the activities of the BHA; and
(s) Train emergency departments and certified peace officers in the procedures required
pursuant to sections 27-81-111 and 27-81-112.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 734, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1364, § 273,
effective May 25. L. 2019: (1)(c) amended, (HB 19-1237), ch. 413, p. 3645, § 21, effective July
1, 2022. L. 2020: Entire section amended, (SB 20-007), ch. 286, p. 1394, § 14, effective July 13.
L. 2022: IP(1) and (1)(r) amended, (HB 22 -1278), ch. 222, p. 1569, § 178, effective July 1;
IP(1), (1)(q), and (1)(r) amended and (1)(s) added, (HB 22-1326), ch. 225, p. 1671, § 52 effective
July 1.
Editor's note: (1) This section is similar to former § 25-1-304 as it existed prior to 2010.
(2) Amendments to subsection (1)(r) by HB 22-1278 and HB 22-1326 were harmonized.
Cross references: (1) For the legislative declaration in SB 17 -242, see section 1 of chapter
263, Session Laws of Colorado 2017.
(2) For the legislative declaration in HB 22 -1326 stating the purpose of, and the provision
directing legislative staff agencies to conduct, a post -enactment review pursuant to § 2 -2-1201
scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To
obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on
the Colorado General Assembly's website.
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ANNOTATION
Applied in Ramos v. Lamm, 485 F. Supp.
122 (D. Colo. 1979) (decided prior to 2010
amendments to this article).
27-81-105. Comprehensive program for treatment - regional facilities.
(1) The BHA shall establish a comprehensive and coordinated program for the treatment of
persons with substance use disorders, persons intoxicated by alcohol, and persons under the
influence of drugs.
(2) Insofar as money available to the BHA permits, the program established in subsection (1)
of this section must include all of the following:
(a) Emergency treatment;
(b) Inpatient treatment;
(c) Intermediate treatment; and
(d) Outpatient and follow-up treatment.
(3) The BHA shall provide adequate and appropriate treatment for persons with substance
use disorders, persons intoxicated by alcohol, and persons under the influence of drugs admitted
pursuant to sections 27-81-109 to 27-81-112. Except as otherwise provided in section 27-81-111,
treatment must not be provided at a correctional institution, except for inmates.
(4) The BHA shall maintain, supervise, and control all facilities it operates subject to policies
of the department. The administrator of each facility shall make an annual report of the facility's
activities to the commissioner in the form and manner specified by the commissioner.
(5) All appropriate public and private resources shall be coordinated with and utilized in the
program if possible.
(6) The commissioner shall prepare, publish, and distribute annually a list of all approved
public and private treatment facilities.
(7) The BHA may contract for the use of any facility as an approved public treatment facility
if the commissioner, subject to the policies of the department, considers it to be an effective and
economical course to follow.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 736, § 2,
effective April 29. L. 2017: (1), IP(2), (3), (4), and (7) amended, (SB 17-242), ch. 263, p. 1366, §
274, effective May 25. L. 2020: (1) and (3) amended, (SB 20 -007), ch. 286, p. 1396, § 15,
effective July 13. L. 2022: (1), IP(2), (3), (4), (6), and (7) amended, (HB 22 -1278), ch. 222, p.
1569, § 179, effective July 1.
Editor's note: This section is similar to former § 25-1-305 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-81-106. Standards for public and private treatment facilities - fees - enforcement
procedures - penalties.
(1) In accordance with the provisions of this article 81, the BHA shall establish standards for
approved treatment facilities that receive public funds. A treatment facility shall meet the
established standards to be approved as a public or private treatment facility. The BHA shall fix
the fees to be charged for the required inspections. The fees charged to approved treatment
facilities that provide level I and level II programs, as provided in section 42 -4-1301.3 (3)(c),
must be transmitted to the state treasurer, who shall credit the fees to the alcohol and drug
driving safety program fund created in section 42 -4-1301.3 (4)(a). The standards may concern
only health standards to be met and standards of treatment to be afforded patients and must
reflect the success criteria established by the general assembly.
(2) The BHA shall periodically inspect approved public and private treatment facilities at
reasonable times and in a reasonable manner.
(3) The BHA shall maintain a list of approved public and private treatment facilities.
(4) Each approved public and private treatment facility shall file with the BHA, on request,
data, statistics, schedules, and any other information the BHA reasonably requires. The
commissioner shall remove from the list of approved treatment facilities an approved public or
private treatment facility that fails, without good cause, to furnish any data, statistics, schedules,
or other information, as requested, or files fraudulent returns.
(5) The BHA, after a hearing, may suspend, revoke, limit, restrict, or refuse to grant an
approval for failure to meet its standards.
(6) A person shall not operate a private or public treatment facility in this state without
approval from the BHA; except that this article 81 does not apply to a private treatment facility
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that accepts only private money and does not dispense controlled substances. The district court
may restrain any violation of, review any denial, restriction, or revocation of approval under, and
grant other relief required to enforce the provisions of this section.
(7) Upon petition of the BHA and after a hearing held upon reasonable notice to the facility,
the district court may issue a warrant to an officer or employee of the BHA authorizing the
officer or employee to enter and inspect at reasonable times, and examine the books and accounts
of, any approved public or private treatment facility that refuses to consent to inspection or
examination by the BHA or which the BHA has reasonable cause to believe is operating in
violation of this article 81.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 736, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1366, § 275,
effective May 25. L. 2020: (6) R&RE, (SB 20-007), ch. 286, p. 1397, § 16, effective July 13. L.
2022: Entire section amended, (HB 22-1278), ch. 222, p. 1570, § 180, effective July 1.
Editor's note: (1) This section is similar to former § 25-1-306 as it existed prior to 2010.
(2) Subsection (6) is similar to former § 27-82-103 (6) as it existed prior to 2020.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-81-107. Compliance with local government zoning regulations - notice to local
governments - provisional approval - repeal. (Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 737, § 2,
effective April 29. L. 2017: (1), IP(2), and (3) amended, (SB 17 -242), ch. 263, p. 1367, § 276,
effective May 25. L. 2019: (1) amended and (4) added, (HB 19 -1237), ch. 413, p. 3645, § 22,
effective July 1, 2022. L. 2022: (1), IP(2), and (3) amended, (HB 22 -1278), ch. 222, p. 1570, §
181, effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former § 25 -1-306.5 as it
existed prior to 2010.
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(2) Subsection (4) provided for the repeal of this section, effective July 1, 2024. (See L. 2019,
p. 3645.)
27-81-107.5. Licensure. (Repealed)
Source: L. 2019: Entire section added, (HB 19-1237), ch. 413, p. 3645, § 23, effective July 1,
2022. L. 2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1571, § 182, effective July 1.
27-81-108. Acceptance for treatment - rules.
(1) The commissioner shall adopt and may amend and repeal rules for acceptance of persons
into the substance use disorder treatment program, considering available treatment resources and
facilities, for the purpose of early and effective treatment of persons with substance use
disorders, persons intoxicated by alcohol, and persons under the influence of drugs. In
establishing the rules, the following standards guide the commissioner:
(a) If possible a patient shall be treated on a voluntary rather than an involuntary basis.
(b) Qualified staff shall assess the proper level of care for the person pursuant to rules
adopted by the commissioner and make a referral for placement.
(c) A person must not be denied treatment solely because the person has withdrawn from
treatment against medical advice on a prior occasion or because the person has relapsed after
earlier treatment.
(d) An individualized treatment plan shall be prepared and maintained on a current basis for
each patient.
(e) Provision shall be made for a continuum of coordinated treatment services, so that a
person who leaves a facility or a form of treatment will have available and utilize other
appropriate treatment.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 738, § 2,
effective April 29. L. 2017: IP(1) amended, (SB 17-242), ch. 263, p. 1367, § 277, effective May
25. L. 2020: IP(1), (1)(b), and (1)(c) amended, (SB 20 -007), ch. 286, p. 1397, § 17, effective
July 13. L. 2022: IP(1) and (1)(b) amended, (HB 22 -1278), ch. 222, p. 1571, § 183, effective
July 1.
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Editor's note: This section is similar to former § 25-1-307 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-81-109. Voluntary treatment of persons with substance use disorders.
(1) A person with a substance use disorder, including a minor, may apply for voluntary
treatment directly to an approved treatment facility.
(2) Subject to rules adopted by the commissioner, the administrator in charge of an approved
treatment facility shall determine who is admitted for treatment. If a person is refused admission
to an approved treatment facility, the administrator may refer the person to another approved and
appropriate treatment facility for treatment if it is deemed likely to be beneficial. A person must
not be referred for further treatment if it is determined that further treatment is not likely to bring
about significant improvement in the person's condition, or treatment is no longer appropriate, or
further treatment is unlikely to be beneficial.
(3) If a patient receiving residential care leaves an approved treatment facility, the person is
encouraged to consent to outpatient treatment or supportive services, if appropriate.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 738, § 2,
effective April 29. L. 2017: (1) and (3) amended, (SB 17-242), ch. 263, p. 1368, § 278, effective
May 25. L. 2020: Entire section R&RE, (SB 20 -007), ch. 286, p. 1397, § 18, effective July 13.
L. 2022: (2) amended, (HB 22-1278), ch. 222, p. 1571, § 184, effective July 1.
Editor's note: (1) This section is similar to former § 25-1-308 as it existed prior to 2010.
(2) This section is similar to former § 27-82-105 as it existed prior to 2020.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
ANNOTATION
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Law reviews. For article, "Consent to
Treatment and Access to Minors' Medical
Records", see 17 Colo. Law. 1323 (1988).
27-81-110. Voluntary treatment for persons intoxicated by alcohol, under the influence
of drugs, or incapacitated by substances.
(1) A person intoxicated by alcohol, under the influence of drugs, or incapacitated by
substances, including a minor if provided by rules of the BHA, may voluntarily admit the
person's self to an approved treatment facility for an emergency evaluation to determine need for
treatment.
(2) The administrator shall immediately evaluate or examine a person who voluntarily enters
an approved treatment facility. If the person is found to be in need of treatment, the administrator
shall admit the person or refer the person to another appropriate facility. If a person is found not
to be in need of treatment, the administrator shall release the person and may refer the person to
another appropriate facility.
(3) Except as provided in subsection (7) of this section, a treatment facility shall immediately
release a voluntarily admitted person upon the person's request.
(4) A person who is not admitted to an approved treatment facility or referred to another
health facility, and who has no money, may be taken to the person's home, if any. If the person
has no home, the approved treatment facility may assist the person in obtaining shelter.
(5) If a person is admitted to an approved treatment facility, the person's family or next of kin
must be notified as promptly as possible in accordance with federal confidentiality regulations
for substance use disorder patient records, which regulations are found at 42 CFR part 2, as
amended. If an adult person requests that there be no notification, the adult person's request must
be respected.
(6) If the administrator determines that it is for the person's benefit, the person must be
encouraged to agree to further diagnosis and appropriate voluntary treatment.
(7) Nothing in this section precludes the administrator from seeking emergency commitment
of a person as provided in section 27 -81-111 or involuntary commitment of a person as provided
in section 27 -81-112, regardless of whether the person has been voluntarily admitted under this
section. In such case, the administrator's further conduct is governed by section 27 -81-111 or 27-
81-112, as applicable.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 738, § 2,
effective April 29. L. 2020: Entire section R&RE, (SB 20 -007), ch. 286, p. 1398, § 19, effective
July 13. L. 2022: (1) amended, (HB 22-1278), ch. 222, p. 1572, § 185, effective July 1.
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Editor's note: (1) This section is similar to former § 25-1-309 as it existed prior to 2010.
(2) This section is similar to former § 27-82-106 as it existed prior to 2020.
ANNOTATION
Law reviews. For article, "Consent to
Treatment and Access to Minors' Medical
Records", see 17 Colo. Law. 1323 (1988).
27-81-111. Emergency commitment.
(1) (a) When a person is under the influence of or incapacitated by substances and is clearly
dangerous to the health and safety of the person's self or others, law enforcement authorities or
an emergency service patrol, acting with probable cause, shall take the person into protective
custody in an approved treatment facility. If no such facilities are available, the person may be
detained in an emergency medical services facility, or jail, but only for as long as may be
necessary to prevent injury to the person's self or others or to prevent a breach of the peace. A
law enforcement officer or emergency service patrol officer, in detaining the person, is taking the
person into protective custody. In so doing, the detaining officer may protect the officer's self by
reasonable methods but shall make every reasonable effort to protect the detainee's health and
safety. Taking a person into protective custody pursuant to this section is not an arrest, and an
entry or other record shall not be made to indicate that the person has been arrested or charged
with a crime. Law enforcement or emergency service personnel who act in compliance with this
section are acting in the course of their official duties and are not criminally or civilly liable.
Nothing in this subsection (1) precludes a person intoxicated by alcohol, under the influence of
drugs, or incapacitated by substances who is not dangerous to the health and safety of the
person's self or others from being assisted to the person's home or like location by the law
enforcement officer or emergency service patrol officer.
(b) (Deleted by amendment, L. 2024.)
(c) A law enforcement officer or emergency service patrol officer who takes a juvenile into
protective custody pursuant to subsection (1)(a) of this section shall not detain the juvenile in
jail.
(2) A law enforcement officer, emergency service patrol officer, physician, spouse, guardian,
or relative of the person to be committed or any other responsible person may make a written
application for emergency commitment under this section, directed to the administrator of the
approved treatment facility. The application must state the circumstances requiring emergency
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commitment, including the applicant's personal observations and the specific statements of
others, if any, upon which the applicant relies in making the application. A copy of the
application must be furnished to the person to be committed.
(3) If the administrator approves the application, the administrator shall commit, evaluate,
and treat the person for a period not to exceed five days. A peace officer, the emergency service
patrol, or any interested person shall bring the person to the facility. If necessary, the court may
be contacted to issue an order to the police, the peace officer's department, or the sheriff's
department to transport the person to the facility.
(4) If the administrator determines that the application fails to sustain the grounds for
emergency commitment as set forth in subsection (1) of this section, the administrator shall
refuse the commitment, immediately release the detained person, and encourage the person to
seek voluntary treatment, if appropriate.
(5) When the administrator determines that the grounds for commitment no longer exist, the
administrator shall discharge the person committed under this section. A person committed under
this section must not be detained in any treatment facility for more than five days; except that a
person may be detained for longer than five days at the approved treatment facility if, in that
period of time, a petition for involuntary commitment has been filed pursuant to section 27 -81-
112. A person must not be detained longer than ten days, excluding weekends and holidays, after
the date of filing of the petition for involuntary commitment unless a valid medical reason exists
for detaining a person longer.
(6) Whenever a person is involuntarily detained pursuant to this section, the administrator
shall, within twenty-four hours after detainment, advise the person who is involuntarily detained,
both orally and in writing, of the person's right to challenge the detention by application to the
courts for a writ of habeas corpus, to be represented by counsel at every stage of any proceedings
relating to commitment and recommitment, and to have counsel appointed by the court or
provided by the court if the person wants the assistance of counsel and is unable to obtain
counsel.
(7) Any law enforcement officer, emergency service personnel, physician, spouse, guardian,
or relative of any person to be committed; any treatment facility administrator or the
administrator's designee; or any other employee or person acting on behalf of an approved
treatment facility, participating in or carrying out the emergency commitment or treatment as
described in this section, whether acting individually or in his or her official capacity, is not
criminally or civilly liable therefor.
(8) (a) On or before July 1, 2024, and each July 1 thereafter, each local law enforcement
agency that has taken a person into protective custody pursuant to this section shall provide an
annual report to the BHA that includes only disaggregated and nonidentifying information
concerning persons who were taken into protective custody in an approved treatment facility or
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detained in an emergency medical services facility or jail. The report must comply with section
24-1-136 (9) and is exempt from section 24 -1-136 (11)(a)(I). The report must contain the
following:
(I) The names and counties of the facilities and jails;
(II) The total number of persons taken into protective custody pursuant to this section,
including a summary of demographic information;
(III) A summary regarding the different reasons for which persons were taken into protective
custody pursuant to this section; and
(IV) The length of time each person was held under protective custody.
(b) Each emergency medical services facility that detains a person under protective custody
or detains or holds a person on an emergency commitment shall provide a quarterly report to the
BHA with the following information:
(I) The total number of persons detained under protective custody and the total number of
persons held in the emergency medical services facility on an emergency commitment;
(II) The total number of days each person was detained or held;
(III) Whether each person was transferred to another facility, released, or placed on an
involuntary commitment; and
(IV) Whether the emergency medical services facility transferred each person to the local jail
to be detained under protective custody or for an emergency commitment and the reason for the
transfer.
(c) Any information disaggregated and provided to the BHA pursuant to this subsection (8) is
privileged and confidential. The BHA shall not make the information available to the public
except in an aggregate format that cannot be used to identify an individual facility. The
information is not subject to civil subpoena and is not discoverable or admissible in any civil,
criminal, or administrative proceeding against an approved treatment facility, emergency medical
services facility, jail, law enforcement officer, or emergency service patrol officer. The BHA
shall only use the information to assess statewide behavioral health services needs and
withdrawal management needs and to plan for sufficient levels of statewide behavioral health
and withdrawal management services. In collecting the data pursuant to the requirements of this
subsection (8), the BHA shall protect the confidentiality of patient records, in accordance with
state and federal laws, and shall not disclose any public identifying or proprietary information of
any approved treatment facility or emergency medical services facility. This subsection (8)(c)
does not apply to information that is otherwise available from a source outside of the data
collection activities required pursuant to subsection (8)(a) of this section.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 739, § 2,
effective April 29. L. 2020: Entire section amended, (SB 20 -007), ch. 286, p. 1399, § 20,
effective July 13. L. 2021: (1)(a) amended, (SB 21 -059), ch. 136, p. 749, § 132, effective
October 1. L. 2024: (1) amended and (8) added, (HB 24 -1079), ch. 199, p. 1218, § 2, effective
May 17.
Editor's note: This section is similar to former § 25-1-310 as it existed prior to 2010.
ANNOTATION
Law reviews. For comment, "Leake v.
Cain: Abrogation of the Public Duty
Doctrine in Colorado?", see 59 U. Colo. L.
Rev. 383 (1988).
Annotator's note. Since § 27 -81-111 is
similar to § 25 -1-310 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Due process considerations. A judicial
hearing as a prerequisite to commitment of a
clearly dangerous intoxicated person would
hinder the government's efforts in
controlling alcohol abuse without providing
additional procedural safeguards. Due
process demands only that a neutral fact
finder independently determine that the
statutory requirements for commitment and
release are satisfied. Due process does not
dictate that the neutral and detached fact
finder be law -trained or a judicial or
administrative officer. Carberry v. Adams
County Task Force on Alcoholism, 672 P.2d
206 (Colo. 1983).
Intent of subsection (1). In enacting
subsection (1), the general assembly did not
intend the police to take into protective
custody every intoxicated person they meet.
Rather, the general assembly designated a
specific class of intoxicated persons who are
subject to emergency commitment and left
the determination of whether a particular
individual is clearly dangerous to the police.
Therefore, the decision to take a person into
protective custody is discretionary and
protected by official immunity. Leake v.
Cain, 720 P.2d 152 (Colo. 1986).
Class of persons section was designated
to protect. Respondents-decedents are not
included within the class of persons that
subsection (1) was designated to protect,
since the statutory intent was not to protect
members of the public against intoxicated
persons. Therefore, police officers had no
duty to take defendant into "protective
custody" or to escort him to his home. Leake
v. Cain, 720 P.2d 152 (Colo. 1986).
The language of this section
indisputably articulates a clear legislative
determination that the act of taking a
person into civil protective custody is not
an arrest. Colo. v. Dandrea, 736 P.2d 1211
(Colo. 1987); Anaya v. Crossroads Care
Sys., 973 F. Supp. 1228 (D. Colo. 1997).
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This section cannot be used to justify
the equivalent of a criminal custodial
arrest not supported by probable cause.
People v. Dandrea, 736 P.2d 1211 (Colo.
1987).
This section clearly contemplates
encounters between police officers and
those whom they perceive are intoxicated,
without any requirement that the officers
also suspect involvement in criminal
activity. People v. Herrera, 1 P.3d 234 (Colo.
App. 1999).
In order to take an individual into
protective custody under this section, an
officer must have probable cause to
believe that the person is sufficiently
intoxicated as to be a danger to himself,
herself, or others, given the totality of the
circumstances. United States v. Gilmore,
945 F. Supp. 2d 1211 (D. Colo. 2013).
A pat-down search under this section is
justified by a reasonable concern for
police officer safety as balanced against a
limited intrusion into an individual's
expectation of privacy. People v. Dandrea,
736 P.2d 1211 (Colo. 1987); United States v.
Gilmore, 945 F. Supp. 2d 1211 (D. Colo.
2013).
When a search is conducted pursuant
to protective custody the scope of the
officer's inventory search is limited by the
privacy interest of the detainee. People v.
Chaves, 855 P.2d 852 (Colo. 1993).
Officers exceeded their authority under
this section by conducting an inventory
search at the point of detention, rather than
just a pat -down search. People v. Herrera, 1
P.3d 234 (Colo. App. 1999).
The inventory search of a civil detainee
does not permit officers to search closed
containers without a warrant. The purpose
of such a search is to ensure that all of the
detainee's possessions are held safely and to
remove those which may be dangerous.
People v. Chaves, 855 P.2d 852 (Colo.
1993).
Limited pat -down search of person
being taken into protective custody did
not violate the fourth amendment of the
U.S. constitution, and the pistol discovered
during that search need not be suppressed,
because the police officer had probable
cause to initiate the process of taking the
person into protective custody. United States
v. Gilmore, 945 F. Supp. 2d 1211 (D. Colo.
2013).
27-81-112. Involuntary commitment of a person with a substance use disorder.
(1) The court may commit a person to the custody of the BHA upon the petition of the
person's spouse or guardian, a relative, a physician, an advanced practice registered nurse, the
administrator in charge of an approved treatment facility, a certified peace officer, or any other
responsible person. The petition must allege that the person has a substance use disorder and that
the person has threatened or attempted to inflict or inflicted physical harm on the person's self or
on another and that unless committed, the person is likely to inflict physical harm on the person's
self or on another or that the person is incapacitated by s ubstances. A refusal to undergo
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treatment does not constitute evidence of lack of judgment as to the need for treatment. The
petition must be accompanied by a certificate of a licensed physician who has examined the
person within ten days before submission of the petition, unless the person whose commitment is
sought has refused to submit to a medical examination, in which case the fact of refusal must be
alleged in the petition, or an examination cannot be made of the person due to the person's
condition. The certificate must set forth the physician's findings in support of the petition's
allegations.
(2) A court shall not accept a petition submitted pursuant to subsection (1) of this section
unless there is documentation of the refusal by the person to be committed to accessible and
affordable voluntary treatment. The documentation may include, but is not limited to, notations
in the person's medical or law enforcement records or statements by a physician, advanced
practice registered nurse, or witness.
(3) (a) Upon filing the petition, the person whose commitment is sought must be notified of
the person's right to:
(I) Enter into a stipulated order of the court for committed treatment in order to expedite
placement in an approved treatment facility by the BHA; or
(II) Contest the commitment proceeding.
(b) If a stipulated order is entered, the BHA shall place the person in an approved treatment
program that reflects the level of need of the person.
(c) If the person whose commitment is sought exercises the right to contest the petition, the
court shall fix a date for a hearing no later than ten days, excluding weekends and holidays, after
the date the petition was filed. A copy of the petition and the notice of the hearing, including the
date fixed by the court, must be personally served on the petitioner, the person whose
commitment is sought, and one of the person's parents or the person's legal guardian if the person
is a minor. A copy of the petition and notice of hearing must be provided to the BHA, to counsel
for the person whose commitment is sought, to the administrator in charge of the approved
treatment facility to which the person may have been committed for emergency treatment, and to
any other person the court believes advisable.
(4) At the hearing, the court shall hear all relevant testimony, including, if possible, the
testimony of at least one licensed physician who has examined the person whose commitment is
sought. The person must be present unless the court believes that the person's presence is likely
to be injurious to the person; in this event, the court shall appoint a guardian ad litem to represent
the person throughout the proceeding. If the person has refused to be examined by a licensed
physician, the person must be given an opportunity to be examined by a court-appointed licensed
physician. If the person refuses and there is sufficient evidence to believe that the allegations of
the petition are true or if the court believes that more medical evidence is necessary, the court
may commit the person to a licensed hospital for a period of not more than five days for a
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diagnostic examination. In such event, the court shall schedule a further hearing for final
determination of commitment, in no event later than five days after the first hearing.
(5) If after hearing all relevant evidence, including the results of any diagnostic examination
by the licensed hospital, the court finds that grounds for involuntary commitment have been
established by clear and convincing proof, the court shall make an order of commitment to the
BHA. The BHA has the right to delegate physical custody of the person to an appropriate
approved treatment facility. The court may not order commitment of a person unless the court
determines that the BHA is able to provide adequate and appropriate treatment for the person,
and the treatment is likely to be beneficial.
(6) Upon the court's commitment of a person to the BHA, the court may issue an order to the
sheriff to transport the person to the facility designated by the BHA.
(7) A person committed as provided for in this section remains in the custody of the BHA for
treatment for a period of up to ninety days. At the end of the ninety -day period, the treatment
facility shall automatically discharge the person unless the BHA, before expiration of the ninety -
day period, obtains a court order for the person's recommitment on the grounds set forth in
subsection (1) of this section for a further period of ninety days unless discharged sooner. If a
person has been committed because the person is a person with a substance use disorder who is
likely to inflict physical harm on another, the BHA shall apply for recommitment if, after
examination, it is determined that the likelihood to inflict physical harm on another still exists.
(8) A person who is recommitted as provided for in subsection (7) of this section and who
has not been discharged by the BHA before the end of the ninety -day period is discharged at the
expiration of that ninety -day period unless the BHA, before expiration of the ninety -day period,
obtains a court order on the grounds set forth in subsection (1) of this section for recommitment
for a further period, not to exceed ninety days. If a person has been committed because the
person is a person with a substance use disorder who is likely to inflict physical harm on another,
the BHA shall apply for recommitment if, after examination, it is determined that the likelihood
to inflict physical harm on another still exists. Only two recommitment orders pursuant to
subsection (7) of this section and this subsection (8) are permitted.
(9) Upon the filing of a petition for recommitment under subsections (7) and (8) of this
section, the court shall fix a date for hearing not later than ten days, excluding weekends and
holidays, after the date the petition was filed unless a valid medical reason exists for delaying the
hearing. A copy of the petition and of the notice of hearing shall be served and provided as
required in subsection (3) of this section. At the hearing, the court shall proceed as provided in
subsection (4) of this section.
(10) The BHA shall provide adequate and appropriate treatment of a person committed to its
custody. The BHA may transfer any person committed to its custody from one approved
treatment facility to another, if transfer is advisable.
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(11) The BHA shall discharge a person committed to its custody for treatment at any time
before the end of the period for which the person has been committed if either of the following
conditions is met:
(a) In the case of a person with a substance use disorder committed on the grounds that the
person is likely to inflict physical harm upon another, that the person no longer has a substance
use disorder that requires treatment or the likelihood to inflict physical harm upon another no
longer exists; or
(b) In the case of a person with a substance use disorder committed on the grounds of the
need of treatment and incapacity, that the incapacity no longer exists, or in the case of a person
with a substance use disorder committed on any grounds pursuant to this section, that further
treatment is not likely to bring about significant improvement in the person's condition, or
treatment is no longer appropriate, or that further treatment is unlikely to be beneficial.
(12) The court shall inform the person whose commitment or recommitment is sought of the
person's right to contest the application, to be represented by counsel at every stage of any
proceedings relating to the person's commitment and recommitment, and to have counsel
appointed by the court or provided by the court if the person wants the assistance of counsel and
is unable to obtain counsel. If the court believes that the person needs the assistance of counsel,
the court shall require, by appointment if necessary, counsel for the person regardless of the
person's wishes. The person whose commitment or recommitment is sought shall be informed of
the person's right to be examined by a licensed physician of the person's choice. If the person is
unable to obtain a licensed physician and requests examination by a physician, the court shall
employ a licensed physician.
(13) If a private treatment facility agrees with the request of a competent patient or the
patient's parent, sibling, adult child, or guardian to accept the patient for treatment, the
administrator of the public treatment facility shall transfer the patient to the private treatment
facility.
(14) A person committed under this article 81 may at any time seek to be discharged from
commitment by an order in the nature of habeas corpus.
(15) The venue for proceedings under this section is the county in which the person to be
committed resides or is present.
(16) All proceedings conducted pursuant to this article 81 are conducted by the district
attorney of the county where the proceeding is held or by an attorney acting for the district
attorney appointed by the court for that purpose; except that, in any county or in any city and
county having a population exceeding one hundred thousand persons, the proceedings shall be
conducted by the county attorney or by an attorney acting for the county attorney appointed by
the court.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 741, § 2,
effective April 29. L. 2017: (1), (3), (5), (6), (7), (8), (10), and (11) amended, (SB 17 -242), ch.
263, p. 1368, § 279, effective May 25. L. 2020: Entire section amended, (SB 20-007), ch. 286, p.
1401, § 21, effective July 13. L. 2022: (1) amended, (HB 22 -1326), ch. 225, p. 1672, § 54,
effective July 1; (1), (3)(a)(I), (3)(b), (3)(c), (5), (6), (7), (8), (10), and IP(11) amended, (HB 22 -
1278), ch. 222, p. 1572, § 186, effective July 1.
Editor's note: (1) This section is similar to former § 25-1-311 as it existed prior to 2010.
(2) Amendments to subsection (1) by HB 22-1278 and HB 22-1326 were harmonized.
Cross references: (1) For the legislative declaration in SB 17 -242, see section 1 of chapter
263, Session Laws of Colorado 2017.
(2) For the legislative declaration in HB 22 -1326 stating the purpose of, and the provision
directing legislative staff agencies to conduct, a post -enactment review pursuant to § 2 -2-1201
scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To
obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on
the Colorado General Assembly's website.
ANNOTATION
Applied in People in Interest of N.G.,
2025 COA 92, 582 P.3d 1042.
27-81-113. Records of persons with substance use disorders, persons intoxicated by
alcohol, and persons under the influence of substances.
(1) The registration and other records of treatment facilities are confidential and fully
protected as outlined in federal confidentiality regulations for substance use disorder records
found at 42 CFR part 2, as amended, and are privileged to the patient.
(2) Notwithstanding subsection (1) of this section, the commissioner may make available
information from patients' records for purposes of research into the causes and treatment of
substance use disorders. Information made available pursuant to this subsection (2) must not be
published in a way that discloses patients' names or other identifying information.
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(3) Nothing in this section prohibits or limits the sharing of information by a state institution
of higher education police department to authorized university administrators pursuant to section
23-5-141.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 743, § 2,
effective April 29. L. 2011: (3) added, (HB 11-1169), ch. 119, p. 374, § 4, effective April 20. L.
2017: (2) amended, (SB 17 -242), ch. 263, p. 1370, § 280, effective May 25. L. 2020: Entire
section amended, (SB 20 -007), ch. 286, p. 1404, § 22, effective July 13. L. 2022: (2) amended,
(HB 22-1278), ch. 222, p. 1573, § 187, effective July 1.
Editor's note: This section is similar to former § 25-1-312 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-81-114. Rights of persons receiving evaluation, care, or treatment.
(1) A facility shall immediately advise each person receiving evaluation, care, or treatment
under any provision of this article 81, orally and in writing, that the person has and is afforded
the following rights:
(a) To be evaluated to determine the person's behavioral health treatment needs relating to
the use of substances, including alcohol or drugs;
(b) If under an emergency commitment pursuant to section 27 -81-111, to refuse to be
examined by a licensed physician for certification. A person's refusal to be examined for
certification may be alleged in a petition for involuntary commitment. A person may request to
be examined by the person's physician, or a court may order a person to be evaluated by a
licensed physician for certification.
(c) To receive timely medical and behavioral health care and treatment, as specified in law,
that is determined based on the person's needs and that is delivered in the least restrictive
treatment setting possible, as set forth in BHA rules;
(d) To be treated fairly and to receive the same consideration and access to appropriate
services as others, regardless of race, color, national origin, age, gender identity, gender
expression, sexual orientation, political affiliation, religious beliefs, financial status, or disability;
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(e) To contest a commitment proceeding or to enter into a stipulated order of the court for
committed treatment;
(f) To retain and consult with an attorney at any time and to have an attorney appointed by or
provided by the court in a timely manner in any proceedings relating to commitment or
recommitment if the person wants the assistance of an attorney and is unable to obtain an
attorney;
(g) To at any time seek to be discharged from commitment by an order in the nature of
habeas corpus;
(h) Once no longer under the influence of drugs or intoxicated by alcohol, to sign in and seek
voluntary substance use disorder treatment, unless the administrator determines in writing that
reasonable grounds exist to believe that the person will not remain in voluntary treatment or that
the person is clearly dangerous to the health and safety of himself or herself or others;
(i) If in committed treatment, to receive twenty -four-hour notice prior to being transferred to
another facility;
(j) To have reasonable opportunities for continuing visitation and communication with the
person's family and friends, consistent with an effective treatment program and as determined in
BHA rules. Each person may meet with the person's attorney, clergyperson, or health -care
provider at any time.
(k) To have reasonable access to mail and writing materials, including postage, as well as the
assistance of facility staff if the person is unable to write, prepare, or mail correspondence;
(l) Subject to BHA rules relating to the use of telephones and other communication devices,
to have reasonable access to telephones or other communication devices, and to make and to
receive calls or communications in privacy. Facility staff shall not open, delay, intercept, read, or
censor mail or other communications or use mail or other communications as a method to
enforce compliance with facility staff.
(m) To wear his or her own clothes, keep and use personal possessions, and keep and be
allowed to spend a reasonable sum of the person's own money;
(n) To have access to medical records;
(o) To have treatment records remain confidential, except as required by law;
(p) To not be fingerprinted, unless required by law;
(q) To refuse to be photographed, except for treatment facility identification purposes;
(r) To have the opportunity to register and vote by absentee ballot with the assistance of
facility staff;
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(s) To have appropriate access to adequate food, water, and hygiene products;
(t) To have physical privacy in showering, changing, and using the restroom; and
(u) To be free of restraints and solitary confinement.
(2) Only qualified staff providing evaluation, treatment, or care for a person may deny or
restrict the person's rights under subsection (1) of this section if the person's health or safety
would be clearly endangered if the rights were not denied or restricted. If a person's rights are
denied or restricted, the reason for the denial or restriction must be explained to the person and
entered into the person's treatment record. The facility shall provide the person and the person's
attorney the information pertaining to a denial or restriction of rights contained in the person's
treatment record. The person's rights must be immediately restored as soon as the person's health
and safety are no longer clearly endangered.
(3) A person receiving evaluation, care, or treatment under any provision of this article 81
may submit a grievance or complaint against the facility or facility staff pursuant to a grievance
or complaint process, which is explained to the person in detail and included with the oral and
written explanation of rights.
(4) As part of the immediate oral and written advisement of the rights enumerated in this
section, a facility shall also include the telephone number and email address for the office of the
ombudsman for behavioral health access to care, created in section 27 -80-303. The written
advisements must be translated if the person cannot read or understand English. The
administrator shall cause the rights enumerated in this section to be posted in a prominent
location where clients in the facility reside, which posting must also include the number and
email address for the office of the ombudsman for behavioral health access to care, created in
section 27-80-303.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 743, § 2,
effective April 29. L. 2020: Entire section R&RE, (SB 20 -007), ch. 286, p. 1404, § 23, effective
July 13. L. 2021: (1)(d) amended, (HB 21-1108), ch. 156, p. 897, § 43, effective September 7. L.
2022: (1)(c), (1)(j), and (1)(l) amended, (HB 22-1278), ch. 222, p. 1574, § 188, effective July 1.
Editor's note: This section is similar to former § 25-1-313 as it existed prior to 2010.
Cross references: For the legislative declaration in HB 21 -1108, see section 1 of chapter 156,
Session Laws of Colorado 2021.
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27-81-115. Emergency service patrol - establishment - rules.
(1) The BHA and cities, counties, city and counties, and regional service authorities may
establish emergency service patrols. A patrol consists of persons trained to give assistance in the
streets and in other public places to persons who are intoxicated by alcohol, under the influence
of drugs, or incapacitated by substances. Members of an emergency service patrol must be
capable of providing first aid in emergency situations and are authorized to transport a person
intoxicated by alcohol, under the influence of drugs, or incapacitated by substances to the
person's home and to and from treatment facilities.
(2) The commissioner shall adopt rules for the establishment, training, and conduct of
emergency service patrols.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 744, § 2,
effective April 29. L. 2017: (1) amended, (SB 17 -242), ch. 263, p. 1370, § 281, effective May
25. L. 2020: (1) amended, (SB 20-007), ch. 286, p. 1407, § 24, effective July 13. L. 2022: Entire
section amended, (HB 22-1278), ch. 222, p. 1574, § 189, effective July 1.
Editor's note: This section is similar to former § 25-1-314 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-81-116. Payment for treatment - financial ability of patients.
(1) If treatment is provided by an approved public treatment facility and the patient,
including a committed person, has not paid the charge therefor, the approved treatment facility is
entitled to any payment received by the patient or to which the patient may be entitled because of
the services rendered and from any public or private source available to the approved treatment
facility because of the treatment provided to the patient. The approved treatment facility may
seek and obtain a judgment in an appropriate court for any fees or charges that have not been
paid.
(2) A patient in an approved treatment facility, or the estate of the patient, or a person
obligated to provide for the cost of treatment and having sufficient financial ability is liable to
the approved treatment facility for the cost of maintenance and treatment of the patient therein in
accordance with rates established. The approved treatment facility may seek and obtain a
judgment in an appropriate court for any fees or charges that have not been paid.
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(3) The commissioner shall adopt rules that establish a standardized ability -to-pay schedule,
under which those with sufficient financial ability are required to pay the full cost of services
provided and those who are totally without sufficient financial ability are provided appropriate
treatment at no charge. The schedule shall take into consideration the income, including
government assistance programs, savings, and other personal and real property, of the person
required to pay and any support the person required to pay furnishes to another person as
required by law.
(4) Nothing in this section shall prohibit an approved treatment facility from charging a
minimal fee for therapeutic purposes.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 744, § 2,
effective April 29. L. 2022: (3) amended, (HB 22 -1278), ch. 222, p. 1574, § 190, effective July
1.
Editor's note: This section is similar to former § 25-1-315 as it existed prior to 2010.
27-81-117. Criminal laws - limitations.
(1) A county, municipality, or other political subdivision may not adopt or enforce a local
law, ordinance, resolution, or rule having the force of law that includes drinking, being a person
with an alcohol use disorder, or being found in an intoxicated condition as one of the elements of
the offense giving rise to a criminal or civil penalty or sanction.
(2) A county, municipality, or other political subdivision shall not interpret or apply any law
of general application to circumvent the provisions of subsection (1) of this section.
(3) Nothing in this article 81 affects any law, ordinance, resolution, or rule against drunken
driving, driving under the influence of alcohol or drugs, or other similar offense involving the
operation of a vehicle, an aircraft, or a boat or machinery or other equipment or regarding the
sale, purchase, dispensing, possessing, or use of drugs or alcoholic beverages at stated times and
places or by a particular class of persons.
(4) The fact that a person is intoxicated by alcohol, under the influence of drugs, or
incapacitated by substances does not prevent the person's arrest or prosecution for the
commission of any criminal act or conduct not enumerated in subsection (1) of this section.
(5) Nothing in this article 81 limits the right of a police officer to make an otherwise legal
arrest, notwithstanding the fact that the arrested person may be intoxicated by alcohol, under the
influence of drugs, or incapacitated by substances.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 744, § 2,
effective April 29. L. 2017: (1) amended, (SB 17 -242), ch. 263, p. 1370, § 282, effective May
25. L. 2020: Entire section amended, (SB 20-007), ch. 286, p. 1407, § 25, effective July 13.
Editor's note: This section is similar to former § 25-1-316 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-81-118. Opioid crisis recovery funds advisory committee - creation - membership -
purpose.
(1) There is created the opioid crisis recovery funds advisory committee, referred to in this
section as the "committee", which is created to advise and collaborate with the department of law
on uses of any custodial funds received by the state as the result of opioid -addiction-related
litigation and for which the use of the funds is not predetermined or committed by court order or
other action by a state or federal court of law.
(2) (a) The committee consists of members appointed as follows:
(I) Thirteen members appointed by the governor, including:
(A) One member licensed to practice medicine pursuant to article 240 of title 12;
(B) One member licensed to practice pharmacy pursuant to article 280 of title 12;
(C) One member licensed to practice as a nurse or as a certified midwife pursuant to part 1 of
article 255 of title 12;
(D) One member licensed as a dentist pursuant to article 220 of title 12;
(E) One member licensed as a veterinarian pursuant to article 315 of title 12;
(F) One member licensed as a physical therapist pursuant to article 285 of title 12;
(G) One member representing a local public health agency;
(H) One member who has been affected by the opioid crisis;
(I) One family member of a person who has been affected by the opioid crisis;
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(J) One member representing an advocacy organization for people with substance use
disorders;
(K) Two members appointed from nominees submitted by statewide organizations
representing counties, with one member representing the western slope and one member
representing the eastern part of the state; and
(L) One member from an association that represents behavioral health providers;
(II) Two members appointed by the commissioner, one of whom must represent an
association of substance use providers;
(III) Two members appointed by the executive director of the department of public health
and environment, one of whom is a pain management patient;
(IV) One member appointed by the executive director of the department of regulatory
agencies;
(V) One member appointed by the executive director of the department of health care policy
and financing;
(VI) One member from the state substance abuse trend and response task force, created in
section 18-18.5-103, appointed by the attorney general;
(VII) One member from the center for research into substance use disorder prevention,
treatment, and recovery support strategies, created in section 27 -80-118 (3), appointed by the
director of the center;
(VIII) One member from each safety net hospital that provides addiction services, appointed
by the hospital;
(IX) One member from the Colorado district attorneys' council, or any successor
organization, appointed by its executive director;
(X) Two members representing law enforcement agencies, one of whom is appointed by the
Colorado association of chiefs of police, or any successor organization, and one of whom is
appointed by the county sheriffs of Colorado, or any successor organization; and
(XI) One member representing the Colorado municipal league, or any successor
organization, appointed by the president of the executive board of the Colorado municipal league
or the president's designee.
(b) The attorney general shall notify the appointing authorities if the state receives a
settlement or damage award for which the use of the custodial funds is not predetermined or
committed by court order or other action by a state or federal court of law. The appointing
authorities shall make their initial appointments to the committee no later than ninety days after
receiving the notice.
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(3) Each member of the committee who is appointed pursuant to subsection (2) of this
section serves at the pleasure of the appointing authority that appointed the member. The
appointing authority shall fill a vacancy in the same manner as the initial appointment.
(4) If the state receives custodial funds from a settlement or damage award from opioid -
addiction-related litigation and the use of the funds is not predetermined or committed by court
order or other action by a state or federal court of law, the attorney general shall convene and call
a meeting of the committee, and any subsequent meetings as necessary, to seek input and
recommendations from the committee on the proper expenditure of the funds received.
(5) (a) Each member of the committee shall maintain confidentiality throughout the process
of determining the proper expenditure of custodial funds. Members shall not disclose the
contents of any requests for funding with anyone outside of the committee.
(b) Each committee member shall affirm that the member does not have a personal or
financial interest regarding any organization that may request funding. Members shall disclose
all potential conflict of interest situations to the attorney general before reviewing funding
requests.
Source: L. 2020: (2)(a)(I)(C) amended, (HB 20-1183), ch. 157, p. 705, § 67, effective July 1;
entire section added, (SB 20 -007), ch. 286, p. 1407, § 26, effective July 13. L. 2022: (2)(a)(II)
amended, (HB 22 -1278), ch. 222, p. 1575, § 191, effective July 1. L. 2023: (2)(a)(I)(C)
amended, (SB 23-167), ch. 261, p. 1551, § 65, effective May 25.
Editor's note: (1) This section was added with amended provisions relocated from § 27 -82-
114.
(2) Subsection (2)(a)(I)(C) was numbered as § 27 -82-114 (2)(a)(I)(C) in HB 20 -1183. That
provision was harmonized with and relocated to this section as this section appears in SB 20-007.
ARTICLE 82
Maternal and Child Health Pilot Program
PART 1
GENERAL PROVISIONS
27-82-101 to
27-82-114. (Repealed)
PART 2
MATERNAL AND CHILD HEALTH
PILOT PROGRAM
27-82-201. Legislative declaration.
27-82-202. Definitions.
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27-82-203. Maternal and child health
pilot program - created -
eligibility of grant
recipients - rules - report.
27-82-204. Funding for pilot program.
27-82-205. Repeal of part. (Repealed)
PART 1
GENERAL PROVISIONS
27-82-101 to 27-82-114. (Repealed)
Source: L. 2020: Entire part repealed, (SB 20-007), ch. 286, p. 1410, § 27, effective July 13.
Editor's note: (1) This part 1 was added with relocations in 2010, except for §§ 27 -82-103.5
and 27-82-114, which were added in 2019. For amendments to this part 1 prior to its repeal in
2020, consult the 2019 Colorado Revised Statutes and the Colorado statutory research
explanatory note beginning on page vii in the front of this volume.
(2) This part 1 was repealed and relocated to various sections within article 81 of title 27 in
2020.
PART 2
MATERNAL AND CHILD HEALTH PILOT PROGRAM
27-82-201. Legislative declaration.
The general assembly finds and declares that facilities that provide treatment to individuals
with a substance use disorder, including medication -assisted treatment, and clinics that provide
obstetric and gynecological health -care services would better serve pregnant and postpartum
women if the services could be coordinated and provided to women at the same location. It is the
intent of the general assembly to fund a pilot program to integrate these health -care services at
specified facilities and clinics and require the BHA to evaluate the pilot program and report the
results of the pilot program to the general assembly.
Source: L. 2019: Entire part added, (SB 19-228), ch. 276, p. 2607, § 13, effective May 23. L.
2022: Entire section amended, (HB 22-1278), ch. 222, p. 1575, § 192, effective July 1.
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27-82-202. Definitions.
As used in this part 2, unless the context otherwise requires:
(1) "Behavioral health administration" or "BHA" means the behavioral health administration
established in section 27-50-102.
(1.5) "Clinic" means a site that provides obstetric and gynecological health care.
(2) "Licensed health -care provider" means a physician or physician assistant licensed
pursuant to article 240 of title 12 or a nurse or certified midwife licensed pursuant to part 1 of
article 255 of title 12.
(3) "Pilot program" means the maternal and child health pilot program created in section 27 -
82-203.
(4) "Treatment facility" means a health -care facility that provides substance use disorder or
medication-assisted treatment and that is approved by the behavioral health administration
pursuant to section 27-81-106.
Source: L. 2019: Entire part added, (SB 19-228), ch. 276, p. 2607, § 13, effective May 23. L.
2020: (2) amended, (HB 20 -1183), ch. 157, p. 705, § 68, effective July 1; (4) amended, (SB 20 -
007), ch. 286, p. 1417, § 54, effective July 13. L. 2022: (1) and (4) amended and (1.5) added,
(HB 22-1278), ch. 222, p. 1575, § 193, effective July 1. L. 2023: (2) amended, (SB 23-167), ch.
261, p. 1551, § 66, effective May 25.
27-82-203. Maternal and child health pilot program - created - eligibility of grant
recipients - rules - report.
(1) There is created in the behavioral health administration the maternal and child health
pilot program. The BHA shall administer the pilot program. The purpose of the pilot program is
to:
(a) Provide grants to two treatment facilities to facilitate the integration of obstetric and
gynecological health care; and
(b) Provide grants to four clinics to facilitate the integration of behavioral health, including
substance use disorder treatment or medication -assisted treatment, into obstetric and
gynecological health care at the clinics.
(2) The BHA shall determine the criteria for treatment facilities and clinics to be eligible to
receive the grants.
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(3) (a) (I) A treatment facility that is awarded a grant shall integrate prenatal, postpartum, and
other health-care services delivered by licensed health -care providers into the services currently
provided at the treatment facility.
(II) A treatment facility that is awarded a grant may use the grant to hire clinical staff and to
provide clinical updates, including training staff and upgrading and changing technology
platforms to support integrated care, in order to perform obstetric and gynecological health care
within the treatment facility. A treatment facility with low patient volume may partner with other
treatment facilities and clinics to provide integrated care.
(b) (I) A clinic that is awarded a grant shall integrate behavioral health -care services
provided by social workers and other behavioral health -care professionals licensed pursuant to
article 245 of title 12, including mental health services, substance use disorder treatment, or
medication-assisted treatment, into the health-care services currently provided at the clinic.
(II) A clinic may use the grant for services including training clinical staff, upgrading and
changing technology platforms to support integrated care, employing behavioral health -care
providers, and coordinating and referring patients to behavioral health -care providers outside the
clinic.
(4) The state board of human services within the department of human services, in
consultation with the BHA, may promulgate rules to implement the pilot program. The rules
must include:
(a) The procedures and timelines by which a treatment facility or clinic may apply for a
grant;
(b) Grant application contents; and
(c) Criteria for determining eligibility for and the amount of each grant awarded to a
treatment facility or clinic.
(5) The commissioner of the BHA shall determine a process to evaluate the grant recipients
and the integration of health care resulting from the pilot program. The BHA shall report the
results of the pilot program to the public and behavioral health and human services and the health
and insurance committees of the house of representatives and the health and human services
committee of the senate, or their successor committees.
Source: L. 2019: Entire part added, (SB 19-228), ch. 276, p. 2607, § 13, effective May 23. L.
2022: IP(1), (2), IP(4), and (5) amended, (HB 22-1278), ch. 222, p. 1575, § 194, effective July 1.
Colorado Revised Statutes 2026
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27-82-204. Funding for pilot program.
(1) (a) For the 2021-22 fiscal year, and each fiscal year thereafter, the general assembly shall
appropriate money from the marijuana tax cash fund created in section 39 -28.8-501 (1) to the
BHA to implement the pilot program. The BHA may use a portion of the money annually
appropriated for the pilot program to pay the direct and indirect costs incurred to administer the
pilot program.
(b) If any unexpended or uncommitted money appropriated for a fiscal year remains at the
end of that fiscal year, the BHA may expend the money in accordance with this section in the
succeeding fiscal year without further appropriation.
(2) The BHA may solicit, accept, and expend any gifts, grants, or donations from private or
public sources to implement or administer the pilot program.
Source: L. 2019: Entire part added, (SB 19-228), ch. 276, p. 2609, § 13, effective May 23. L.
2021: (1) amended, (SB 21 -137), ch. 362, p. 2381, § 26, effective June 28. L. 2022: Entire
section amended, (HB 22-1278), ch. 222, p. 1576, § 195, effective July 1.
Cross references: For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
27-82-205. Repeal of part. (Repealed)
Source: L. 2019: Entire part added, (SB 19-228), ch. 276, p. 2609, § 13, effective May 23. L.
2021: Entire section repealed, (SB 21-137), ch. 362, p. 2387, § 36, effective June 28.
Cross references: For the short title ("Behavioral Health Recovery Act of 2021") and the
legislative declaration in SB 21 -137, see sections 1 and 2 of chapter 362, Session Laws of
Colorado 2021.
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INSTITUTIONS
ARTICLE 90
Institutions - Department of Human Services
27-90-100.3. Definitions.
27-90-101. Executive director - division
heads - interagency
council - advisory boards.
27-90-102. Duties of executive director -
governor acquire water
rights - rules.
27-90-103. State board of human
services - rules.
27-90-104. Institutions managed,
supervised, and
controlled.
27-90-105. Future juvenile detention
facility needs.
27-90-106. Legislative review of
facilities program plans
for juvenile facilities.
(Repealed)
27-90-107. Transfer of functions.
27-90-108. Transfer of employees,
records, and property -
retirement benefits
protected - decision of
governor.
27-90-109. Department may accept gifts,
donations, and grants.
27-90-110. Rules for this article 90 and
certain provisions in title
19.
27-90-111. Employment of personnel -
screening of applicants -
disqualifications from
employment - contracts -
rules - definitions.
27-90-112. Youth neuro-psych facility -
funding - repeal.
27-90-100.3. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Department" means the department of human services created in section 26 -1-105,
C.R.S.
(2) "Executive director" means the executive director of the department of human services.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 755, § 2,
effective April 29.
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27-90-101. Executive director - division heads - interagency council - advisory boards.
(1) (a) Medical personnel employed at any of the institutions subject to the control of the
executive director, the medical director of which is licensed to practice medicine in this state,
shall be exempt from the provisions of the "Colorado Medical Practice Act", article 240 of title
12, with respect to service rendered to bona fide patients or inmates at those institutions, if such
personnel: Are licensed to practice medicine in any other state of the United States or any
province of Canada; have satisfactorily completed an internship of not less than one year in the
United States, Canada, or Puerto Rico in a hospital approved for that purpose by the American
medical association; have satisfactorily completed three years of postgraduate residency training,
or its equivalent, in their particular specialty in a hospital approved for that purpose by the
American Medical Association; and can read, write, speak, and understand the English language.
Proof that the requirements have been met shall be submitted to and approved or disapproved by
the executive director.
(b) All personnel who cannot satisfy all of the requirements set forth in subsection (1)(a) of
this section shall be exempt from the "Colorado Medical Practice Act", article 240 of title 12,
with respect to services rendered to bona fide patients or inmates at said institutions, if the
personnel are of good moral character, are graduates of an approved medical college as defined
in section 12-240-104 (3), have completed an approved internship of at least one year as defined
in section 12 -240-104 (2) within nine months after first being employed, pass the examinations
approved by the Colorado medical board under the "Colorado Medical Practice Act" and the
National Board of Medical Examiners, the National Board of Examiners for Osteopathic
Physicians and Surgeons, or the Federation of State Medical Boards, or their successor
organizations, on subjects relating to the basic sciences, are able to read, write, speak, and
understand the English language, and, in the case of personnel who are not citizens of the United
States, become citizens within the minimum period of time within which the particular individual
can become a citizen according to the laws of the United States and the regulations of the
immigration and naturalization service of the United States, department of justice, or any
successor agency, or within such additional time as may be granted by said boards.
(c) Medical personnel granted exemption under paragraphs (a) and (b) of this subsection (1)
may not practice medicine except as described in this subsection (1) without first complying with
all of the provisions of the "Colorado Medical Practice Act".
(2) The governor may appoint an interagency council to serve at his or her pleasure, to be
composed of such representatives as he or she may select from the departments of public health
and environment, labor and employment, health care policy and financing, human services,
personnel, and such other state officers and officials as he or she may deem appropriate.
(3) The governor may appoint advisory boards to consult with the executive director and the
chief officer of any institution within the jurisdiction of the department. Any such advisory board
shall consist of not less than five nor more than fifteen persons recognized or known to be
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interested and informed in the area of the institution's purpose and function. Members of the
advisory boards shall serve without compensation but may be reimbursed for actual and
necessary expenses incurred in attending regular meetings. Advisory boards established pursuant
to this subsection (3) shall meet quarterly and during any interim on call of the executive
director.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 755, § 2,
effective April 29; (1)(b) amended, (HB 10 -1260), ch. 403, p. 1990, § 87, effective July 1. L.
2011: (1)(b) amended, (HB 11-1303), ch. 264, p. 1172, § 82, effective August 10. L. 2019: (1)(a)
and (1)(b) amended, (HB 19-1172), ch. 136, p. 1714, § 203, effective October 1.
Editor's note: (1) This section is similar to former § 27-1-102 as it existed prior to 2010.
(2) Subsection (1)(b) was numbered as § 27 -1-102 (2)(c) in House Bill 10 -1260 (see L. 2010,
p. 1990) but was relocated due to its harmonization with this section as it was added by Senate
Bill 10-175.
27-90-102. Duties of executive director - governor acquire water rights - rules.
(1) The duties of the executive director are:
(a) To manage, supervise, and control the charitable, behavioral or mental health, custodial,
and special educational public institutions operated and supported by the state; to manage and
supervise the special agencies, departments, boards, and commissions transferred to or
established within the department by law; to improve, develop, and carry forward programs of
therapy, counseling, and aftercare to the end that a person dependent upon tax -supported
programs may be afforded opportunity and encouragement to overcome the disability causing his
or her partial or total dependence upon the state;
(b) To supervise the business, fiscal, budget, personnel, and financial operations of the
department and the institutions and activities under his or her control;
(c) In consultation with the several superintendents, the chief officer of the Colorado mental
health institute at Pueblo, the head of the administrative division for the Colorado mental health
institute at Fort Logan, and the director of the division of planning, to develop a systematic
building program providing for the projected, long -range needs of the institutions under his or
her control;
(d) To classify the lands connected with the state institutions under his or her control and
determine which are of such character as to be most profitably used for agricultural purposes,
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taking into consideration the needs of all state institutions for the food products that can be
grown or produced thereon and the relative value of such agricultural use in the treatment or
rehabilitation of the persons confined in those institutions;
(e) To the extent practical, to utilize the staff and services of other state agencies and
departments, within their respective statutory functions, including administrative law judges
appointed pursuant to part 10 of article 30 of title 24, C.R.S., to carry out the purposes of this
article;
(f) To examine and evaluate each child committed to the department and to place each child
committed pursuant to section 19-2.5-1525;
(g) To transfer between appropriate state institutions children committed to the department
pursuant to section 19-2.5-1532;
(h) To require of the head of each institution and agency assigned to the department an
annual report containing information, and submitted at a time, as the executive director decides;
(i) To exercise control over publications of the department and subdivisions thereof and
cause publications that are approved for circulation in quantity outside the executive branch to be
issued in accordance with the provisions of section 24-1-136, C.R.S.;
(j) To implement the procedures regarding children who are in detention or who have or may
have a behavioral or mental health disorder or an intellectual and developmental disability
specified in the provisions of the "Colorado Children's Code" contained in articles 1, 2.5, and 3
of title 19;
(k) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.; and
(l) To provide information to the director of research of the legislative council concerning
population projections, research data, and the projected long-range needs of the institutions under
the control of the executive director and any other related data requested by the director.
(2) The executive director shall have such other powers, duties, and functions as are
prescribed for heads of principal departments in the "Administrative Organization Act of 1968",
article 1 of title 24, C.R.S.
(3) On behalf of the state of Colorado, the governor is authorized to acquire water and water
rights for the operation of the Colorado mental health institute at Fort Logan. Title to that
property may be acquired in fee simple absolute by purchase, donation, or the exercise of the
power of eminent domain through condemnation proceedings in accordance with law from funds
made available by the general assembly.
(4) (a) (I) The executive director shall appoint a board of medical consultants.
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(II) The executive director shall determine the membership of the board based on the
medical and surgical needs of the department.
(III) The executive director shall determine the qualifications for appointment to the board of
medical consultants; except that all members of the board shall be licensed by the Colorado
medical board pursuant to article 240 of title 12.
(b) A person serving on the board of medical consultants shall provide not more than one
thousand hours of consultation per year in his or her capacity as a board member.
(c) Members of the board of medical consultants shall be compensated at a rate that shall be
approved by the executive director. Compensation shall be paid from available funds of the
department.
(d) The board members shall act as medical consultants to the department with respect to
persons receiving services from the institutions listed in section 27 -90-104 and from any
institution operated pursuant to part 10 of article 2.5 of title 19.
(e) A member of the board of medical consultants, for all activities performed within the
course and scope of his or her responsibilities to the department, is a "public employee" as
defined in section 24-10-103 (4), C.R.S.
(5) (a) The executive director shall have authority to adopt "executive director rules", as
described in section 26 -1-108, C.R.S., for programs administered and services provided by the
department as set forth in this title. The rules shall be promulgated in accordance with the
provisions of section 24-4-103, C.R.S.
(b) Whenever a statutory grant of rule -making authority in this title refers to the department,
state department, or the department of human services, it shall mean the department of human
services acting through either the state board of human services or the executive director or both.
When exercising rule-making authority under this title, the department, either acting through the
state board or the executive director, shall establish rules consistent with the powers and the
distinction between "board rules" as set forth in section 27 -90-103 and "executive director rules"
as set forth in this section.
(c) Any rules adopted by the state board of human services to implement the provisions of
this title prior to March 25, 2009, whose content meets the definition of "executive director
rules" shall continue to be effective until revised, amended, or repealed by the executive director.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 756, § 2,
effective April 29; (4)(a)(III) amended, (HB 10-1260), ch. 403, p. 1991, § 88, effective July 1. L.
2017: IP(1), (1)(a), and (1)(j) amended, (SB 17 -242), ch. 263, p. 1375, § 292, effective May 25.
L. 2019: (4)(a)(III) amended, (HB 19 -1172), ch. 136, p. 1715, § 204, effective October 1. L.
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2021: (1)(f), (1)(g), and (4)(d) amended, (SB 21 -059), ch. 136, p. 750, § 133, effective October
1. L. 2022: (1)(j) amended, (SB 22-212), ch. 421, p. 2981, § 68, effective August 10.
Editor's note: (1) This section is similar to former § 27-1-103 as it existed prior to 2010.
(2) Subsection (4)(a)(III) was numbered as § 27 -1-103 (3)(a)(III) in House Bill 10 -1260 (see
L. 2010, p. 1991), but was relocated due to its harmonization with this section as it was added by
Senate Bill 10-175.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-90-103. State board of human services - rules.
(1) The state board of human services, created in section 26 -1-107, C.R.S., is authorized to
adopt "board rules" as necessary to implement the programs administered and the services
provided by the department as provided in this title. The rules shall be promulgated in
accordance with the provisions of section 24-4-103, C.R.S.
(2) "Board rules" are rules promulgated by the state board of human services governing:
(a) Program scope and content;
(b) Requirements, obligations, and rights of clients and recipients;
(c) Nonexecutive director rules concerning vendors, providers, and other persons affected by
acts of the department.
(3) (a) Any rules adopted by the executive director to implement the provisions of this title
prior to March 25, 2009, whose content meets the definition of "board rules" shall continue to be
effective until revised, amended, or repealed by the state board of human services.
(b) Any rules adopted by the state board to implement the provisions of this title prior to
March 25, 2009, whose content meets the definition of "executive director rules" shall continue
to be effective until revised, amended, or repealed by the executive director.
(4) Whenever a statutory grant of rule -making authority in this title refers to the department,
the state department, or the department of human services, it shall mean the department of
human services acting through either the state board of human services or the executive director.
When exercising rule -making authority under this title, the state department, either acting
through the state board or the executive director, shall establish rules consistent with the powers
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and the distinction between "board rules" as set forth in this section and "executive director
rules" as set forth in section 27-90-102.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 758, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-1-103.5 as it existed prior to 2010.
27-90-104. Institutions managed, supervised, and controlled.
(1) The department shall manage, supervise, and control the following state institutions:
(a) Colorado mental health institute at Pueblo;
(b) Wheat Ridge regional center;
(c) Grand Junction regional center;
(d) Lookout Mountain school, at Golden;
(e) Mount View school, at Morrison;
(f) Colorado mental health institute at Fort Logan, in Denver;
(g) Golden Gate youth camp, in Gilpin county;
(h) Lathrop Park youth camp, in Huerfano county; and
(i) Pueblo regional center.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 759, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-1-104 as it existed prior to 2010.
27-90-105. Future juvenile detention facility needs.
(1) (a) The general assembly hereby finds and declares that currently there are no juvenile
detention facilities with commitment beds or locked detention beds in the southwest portion of
Colorado and that the nearest such facility in the Grand Junction or Glenwood Springs area is as
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much as four hours away from some southwestern communities. As a result of this distance,
authorities in the southwest region of the state often avoid detention even though such avoidance
presents a public safety problem, and those juveniles who are taken to distant facilities lose the
critical access to family members and local community agencies that would otherwise render
their transitional return to the community less difficult.
(b) The general assembly further finds and declares that the juvenile population in detention
is expected to increase by seventy and nine hundredths percent by the year 2002. In addition, the
general assembly finds and declares that the juvenile commitment population is expected to
increase by forty-nine and nine-tenths percent by the year 2002. The general assembly finds and
declares that the growth patterns on the western slope of the state have led to a growth in
population of at-risk youth and increased crime and that the office of youth services accordingly
has experienced a shortfall of both detention and commitment beds in the western part of the
state.
(c) The general assembly therefore determines that it would be appropriate to consider the
need for the construction of a juvenile detention facility in southwest Colorado.
(2) (a) The department is directed to assess the need for, and to determine the community
commitment to, a new multipurpose juvenile detention facility to be constructed in La Plata
county that would serve the following detention and treatment needs of juveniles in the
southwest portion of the state:
(I) Secure facility housing of juveniles who are detained on juvenile-related charges; and
(II) Secure facility and medium secure facility housing of juveniles who are committed to the
division of youth services.
(b) In assessing the need for such a facility and the services to be rendered at such a facility,
the department shall evaluate privatization options.
(3) The department shall present its findings, conclusions, and recommendations to the
capital development committee of the general assembly on or before November 1, 1996.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 760, § 2,
effective April 29. L. 2017: (2)(a)(II) amended, (HB 17 -1329), ch. 381, p. 1985, § 67, effective
June 6.
Editor's note: This section is similar to former § 27-1-104.4 as it existed prior to 2010.
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27-90-106. Legislative review of facilities program plans for juvenile facilities.
(Repealed)
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 761, § 2,
effective April 29. L. 2015: Entire section repealed, (SB 15 -270), ch. 296, p. 1220, § 21,
effective June 5.
Editor's note: This section was similar to former § 27-1-104.5 as it existed prior to 2010.
27-90-107. Transfer of functions.
(1) The department has the authority to execute, administer, perform, and enforce the rights,
powers, duties, functions, and obligations vested in the board of control of the state children's
home, the board of control of the Mount View girls' school, and the division of administration of
the division of parole prior to July 1, 1959.
(2) Except where the context plainly requires otherwise, "board" or "boards of control", with
reference to the institutions and the division listed in subsection (1) of this section, means and
refers to the department of human services.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 761, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-1-106 as it existed prior to 2010.
27-90-108. Transfer of employees, records, and property - retirement benefits protected
- decision of governor.
(1) All employees of the division of administration of the division of parole and all
employees of the boards of control enumerated in section 27 -90-107 who were engaged in the
performance of duties prescribed and supervised by the division of administration of the division
of parole and the boards, respectively, and who were transferred to the department of institutions
on July 1, 1959, shall retain all rights to retirement benefits under the laws of the state, and their
services shall be deemed to have been continuous. All funds, accounts, books, records,
documents, and equipment of the boards and the division of administration of the division of
parole became the property of the department of institutions on July 1, 1959.
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(2) All questions pertaining to the proper disposition of funds, accounts, books, records,
documents, or equipment arising under this article and section 17 -1-101, C.R.S., and caused by
the transfer of powers, duties, rights, functions, and obligations from any board of control to the
department of institutions shall be determined by the governor.
(3) Whenever in this article a department, agency, division, or unit thereof is transferred to
the department of institutions, the provisions of subsections (1) and (2) of this section shall be
declared applicable in effecting such transfer.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 761, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-1-107 as it existed prior to 2010.
27-90-109. Department may accept gifts, donations, and grants.
The department or any institution managed, supervised, and controlled by the department may
accept or refuse to accept, on behalf of and in the name of the state, gifts, donations, and grants,
including grants of federal funds, for any purpose connected with the work or programs of the
department or of any such institution. The executive director, with the approval of the governor,
has the power to direct the disposition of any such gift, donation, and grant so accepted for any
purpose consistent with the terms and conditions under which given.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 762, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-1-108 as it existed prior to 2010.
27-90-110. Rules for this article 90 and certain provisions in title 19.
Pursuant to section 24 -4-103, the department shall promulgate such rules as are necessary to
implement the provisions of this article 90 and the procedures specified in sections 19-2.5-305,
19-2.5-1102, 19-2.5-1525, 19-2.5-1532, 19-3-403, 19-3-506, 19-3-507, and 19 -3-508 regarding
children who are in detention or who have or may have a behavioral or mental health disorder or
an intellectual and developmental disability.
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 762, § 2,
effective April 29. L. 2017: Entire section amended, (SB 17 -242), ch. 263, p. 1376, § 293,
effective May 25. L. 2021: Entire section amended, (SB 21 -059), ch. 136, p. 750, § 134,
effective October 1.
Editor's note: This section is similar to former § 27-1-109 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-90-111. Employment of personnel - screening of applicants - disqualifications from
employment - contracts - rules - definitions.
(1) The general assembly recognizes that many of the individuals receiving services from
department employees pursuant to title 26 or this title 27 are unable to defend themselves and are
therefore vulnerable to abuse or assault. It is the intent of the general assembly to minimize the
potential for hiring and employing persons with a propensity toward abuse, assault, or similar
offenses against others for positions that would provide them with unsupervised access to
vulnerable persons. The general assembly declares that, in accordance with section 13 of article
XII of the state constitution, for purposes of terminating employees in the state personnel system
who are finally convicted of criminal conduct, offenses involving moral turpitude include, but
are not limited to, the disqualifying offenses specified in subsection (9) of this section.
(2) For purposes of this section, unless the context otherwise requires:
(a) "Contracting agency" means an agency, corporation, nonprofit entity, or any other outside
entity that contracts with the department to provide services pursuant to title 26 or this title 27
and that provides services that involve direct contact with vulnerable persons.
(b) "Conviction" means a verdict of guilty by a judge or jury or a plea of guilty or nolo
contendere that is accepted by the court or adjudication for an offense that would constitute a
criminal offense if committed by an adult. "Conviction" also includes having received a deferred
judgment and sentence or deferred adjudication; except that a person shall not be deemed to have
been convicted if the person has successfully completed a deferred sentence or deferred
adjudication.
(b.5) "Department employee" means an employee of the department who is employed
through the state personnel system of the state of Colorado.
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(c) "Direct contact" means providing face -to-face care, training, supervision, counseling,
consultation, or medication assistance to vulnerable persons, regardless of the level of
supervision of the department employee. "Direct contact" may include positions in which
persons have access to or unsupervised time with clients or patients, including but not limited to
maintenance personnel, housekeeping staff, kitchen staff, and security personnel.
(d) Repealed.
(d.5) "Independent contractor" means an individual who contracts directly with the
department and who is designated, by the executive director or the executive director's designee,
as serving in a contract position involving direct contact with vulnerable persons.
(e) "Vulnerable person" means any individual served by the department who is susceptible to
abuse or mistreatment because of the individual's circumstances, including but not limited to the
individual's age, disability, frailty, behavioral or mental health, intellectual and developmental
disability, or ill health.
(3) The employment screening and disqualification requirements in this section apply to the
following facilities or programs operated by the department:
(a) Any facility operated by the department for the care and treatment of persons with a
mental health disorder pursuant to article 65 of this title 27;
(b) Any facility operated by the department for the care and treatment of persons with
intellectual and developmental disabilities pursuant to article 10.5 of this title 27;
(c) Repealed.
(d) Any direct services identified and provided by the department in which department
employees, independent contractors, or contracting agencies have direct contact with vulnerable
persons in a state-operated facility or in a vulnerable person's home or residence;
(e) Veterans community living centers operated pursuant to article 12 of title 26, C.R.S.;
(f) Any facility directly operated by the department in which juveniles who are in the custody
of the department reside, including detention or commitment centers; and
(g) Any secure facility contracted for by the department pursuant to section 19 -2.5-1502 in
which juveniles who are in the custody of the department reside.
(4) Prior to the department's permanent employment of a person in a position that would
require that person to have direct contact with a vulnerable person, the executive director or any
division head of the department shall make an inquiry to the director of the Colorado bureau of
investigation to ascertain whether the person has a criminal history. The person's employment is
conditional upon a satisfactory state and national fingerprint-based criminal history record check.
A record check conducted pursuant to this subsection (4) must include but need not be limited to
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arrests, conviction records, and the disposition of any criminal charges. The department shall
require the person to have the person's fingerprints taken by a local law enforcement agency or
any third party approved by the Colorado bureau of investigation. If an approved third party
takes the person's fingerprints, the fingerprints may be electronically captured using Colorado
bureau of investigation -approved livescan equipment. Third -party vendors shall not keep the
applicant information for more than thirty days unless requested to do so by the applicant. The
department shall forward those fingerprints to the Colorado bureau of investigation for the
purpose of fingerprint processing utilizing the files and records of the Colorado bureau of
investigation and the federal bureau of investigation. When the results of a fingerprint -based
criminal history record check of a person performed pursuant to this section reveal a record of
arrest without a disposition, the department shall require that person to submit to a name -based
judicial record check, as defined in section 22 -2-119.3 (6)(d). The department shall pay for the
costs of record checks conducted pursuant to this section out of existing appropriations.
(5) The executive director or any division head shall contact previous employers of any
person who is one of the top three finalists for a position that would require that person to have
direct contact with any vulnerable person, for the purpose of obtaining information and
recommendations that may be relevant to the person's fitness for employment. Any previous
employer of an applicant for employment who provides information to the executive director or a
division head or who makes a recommendation concerning the person shall be immune from
civil liability unless the information is false and the previous employer knows such information
is false or acts with reckless disregard concerning the veracity of the information.
(6) Any local agency or provider of services pursuant to this title or title 26, C.R.S., may
investigate applicants for employment.
(7) The executive director, any division head, or any local agency or provider who relies on
information obtained pursuant to this section in making an employment decision or who
concludes that the nature of any information disqualifies the person from employment as either a
department employee or an independent contractor is immune from civil liability for that
decision or conclusion unless the information relied upon is false and the executive director,
division head, or local agency or provider knows the information is false or acts with reckless
disregard concerning the veracity of the information.
(8) The executive director may promulgate such rules as are necessary to implement the
provisions of this section.
(9) (a) If the criminal history record check conducted pursuant to subsection (4) or (11) of
this section indicates that a prospective department employee or prospective independent
contractor was convicted of any of the disqualifying offenses set forth in subsection (9)(b) or
(9)(c) of this section, the person is disqualified from employment either as a department
employee or as an independent contractor in a position involving direct contact with vulnerable
persons. The department shall not hire or ret ain a person who is disqualified as a result of this
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section for a position involving direct contact with vulnerable persons nor is the person eligible
to contract for or continue in a contract position designated by the executive director or the
executive director's designee as involving direct contact with vulnerable persons.
(b) Except as otherwise provided in subsection (9)(d) of this section, a person is disqualified
from employment either as a department employee or as an independent contractor, regardless of
the length of time that may have passed since the discharge of the sentence imposed for any of
the following criminal offenses:
(I) A crime of violence, as defined in section 18-1.3-406, C.R.S.;
(II) Any felony offense involving unlawful sexual behavior, as defined in section 16 -22-102
(9), C.R.S.;
(III) Any felony, the underlying factual basis of which has been found by the court on the
record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
(IV) Any felony offense of child abuse, as defined in section 18-6-401, C.R.S.; or
(V) Any felony offense in any other state, the elements of which are substantially similar to
the elements of any of the offenses described in subparagraph (I), (II), (III), or (IV) of this
paragraph (b).
(c) Except as otherwise provided in subsection (9)(d) of this section, a person is disqualified
from employment either as a department employee or as an independent contractor if less than
ten years have passed since the person was discharged from a sentence imposed for conviction of
any of the following criminal offenses:
(I) Third degree assault, as described in section 18-3-204, C.R.S.;
(II) Any misdemeanor, the underlying factual basis of which has been found by the court on
the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
(III) Violation of a protection order, as described in section 18-6-803.5, C.R.S.;
(IV) Any misdemeanor offense of child abuse, as defined in section 18-6-401, C.R.S.;
(V) Any misdemeanor offense of sexual assault on a client by a psychotherapist, as defined
in section 18-3-405.5, C.R.S.; or
(VI) Any misdemeanor offense in any other state, the elements of which are substantially
similar to the elements of any of the offenses described in subparagraph (I), (II), (III), (IV), or
(V) of this paragraph (c).
(d) If a person was adjudicated a juvenile delinquent for the commission of any disqualifying
offense set forth in either paragraph (b) or (c) of this subsection (9) and more than seven years
have elapsed since the commission of the offense, the person may submit a written request to the
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executive director as provided in subsection (13) of this section for reconsideration of the
disqualification.
(10) (a) Any department employee who is employed in a position involving direct contact
with vulnerable persons and who is arrested, charged with, or issued a summons and complaint
for any of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section shall
inform his or her supervisor of the arrest, charges, or issuance of a summons and complaint
before returning to work. Any department employee who fails to make such a report or
disclosure may be terminated from employment. The department or any facility operated by the
department shall advise its employees and independent contractors in writing of the requirement
for self -reporting of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this
section.
(b) Any department employee who is charged with any of the disqualifying offenses set forth
in subsection (9)(b) of this section must be suspended until resolution of the criminal charges or
completion of administrative action by the department. A department employee who is charged
with any of the disqualifying offenses set forth in subsection (9)(c) of this section may be
suspended at the discretion of the department until resolution of the criminal charges or
completion of administrative action by the department. The department employee shall inform
his or her supervisor of the disposition of the criminal charges. Any department employee who
fails to report such information may be terminated from employment. Upon notification to the
department that the department employee has received a conviction for any of the disqualifying
offenses described in subsection (9)(b) or (9)(c) of this section, the department employee must be
terminated from employment. Nothing in this subsection (10)(b) prohibits the department from
taking administrative action if the department employee's conduct would justify disciplinary
action under section 13 of article XII of the state constitution for failure to comply with standards
of efficient service or competence or for willful misconduct, willful failure, or inability to
perform his or her duties.
(11) The general assembly recognizes that the department contracts with persons to serve in
positions that involve direct contact with vulnerable persons in state -operated facilities or to
provide state-funded services that involve direct contact with vulnerable persons in the homes
and residences of such vulnerable persons. In order to protect vulnerable persons who come into
contact with these independent contractors, the executive director or his or her designee shall
designate those contract positions that involve direct contact with vulnerable persons that are
subject to the provisions of this subsection (11). In any contract initially entered into or renewed
on or after July 1, 1999, concerning a contract position that has been designated as involving
direct contact with vulnerable persons, the department shall include the following terms and
conditions:
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(a) That the independent contractor shall submit to a state and national fingerprint -based
criminal history record check as described in subsection (4) of this section for state employees;
except that the independent contractor shall bear the cost of such criminal history record checks;
(b) That the independent contractor shall report any arrests, charges, or summonses for any
of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section to the
independent contractor's supervisor at the department before returning to work;
(c) That the independent contractor may be suspended or terminated, at the discretion of the
department, prior to the resolution of the criminal charges for any of the disqualifying offenses
specified in subsection (9)(b) or (9)(c) of this section;
(d) That, upon notification to the department that the independent contractor has been
convicted for any of the disqualifying offenses described in subsection (9)(b) or (9)(c) of this
section, the independent contractor's position with the department must be terminated.
(11.5) (a) The general assembly also recognizes that the department contracts with outside
contracting agencies for services where the contracting agency's employees will have direct
contact with vulnerable persons who receive services pursuant to title 26 and this title 27. To
protect vulnerable persons who come into contact with employees of a contracting agency, the
executive director, or his or her designee, shall designate those contracts that will involve direct
contact with vulnerable persons and that are therefore subject to the provisions of this subsection
(11.5). Any contract with a contracting agency that is initially entered into or is renewed on or
after July 1, 2018, and that has been designated as a contract that involves direct contact with
vulnerable persons, must include the following terms and conditions:
(I) The contracting agency shall submit its employees who will have direct contact with
vulnerable persons as a result of the contract to a state and national fingerprint -based criminal
history record check. The contracting agency shall provide the information required by
subsection (4) of this section to the executive director or any division head of the department
who works directly with the contracting agency.
(II) That the contracting agency shall require its employees who will have direct contact with
vulnerable persons as a result of the contract to report any arrests, charges, or summonses for any
of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section to the
contracting agency's supervisor before returning to work. The contracting agency's supervisor
shall immediately notify the executive director or the respective division head of the department
who works directly with the contracting agency upon notification of any such report made by an
employee.
(III) That the contracting agency may be required to remove an employee from having direct
contact with vulnerable persons, at the discretion of the department, prior to the resolution of the
criminal charges for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of
this section;
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(IV) That, upon notification to the department that the contracting agency's employee who
has direct contact with vulnerable persons as a result of the contract has been convicted of any of
the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section, such employee
is no longer permitted to work in any capacity with the department where he or she would have
direct contact with vulnerable persons as a result of the contract; and
(V) That, if the contracting agency fails to comply with subsections (11.5)(a)(I) to
(11.5)(a)(IV) of this section, the contract may be immediately terminated.
(b) If the contracting agency is also licensed pursuant to section 26 -6-905 and has conducted
a criminal history record check pursuant to section 26 -6-905 (8)(a)(III) for its employees who
will have direct contact with vulnerable persons as a result of the contract, the department may
accept such criminal history record check to satisfy the requirements of this subsection (11.5).
(12) A department employee, independent contractor, or employee of a contracting agency
who is disqualified due to conviction of any of the disqualifying offenses set forth in subsection
(9)(b) or (9)(c) of this section may submit a written request to the executive director for
reconsideration of the disqualification. Reconsideration pursuant to this subsection (12) may only
be based on a mistake of fact such as an error in the identity of the person for whom the criminal
history record check was performed pursuant to subsection (11) of this section. If the executive
director determines that there was a mistake of fact involving the identity of the person, the
executive director shall issue a finding that the disqualifying factor is not a bar to the person's
employment either as a department employee or as an independent contractor or employee of a
contracting agency.
(13) (a) A department employee, an independent contractor, or an employee of a contracting
agency who is disqualified for conviction of an offense specified in subsection (9)(c) of this
section may submit a written request to the executive director for reconsideration of the
disqualification and a review of whether the person poses a risk of harm to vulnerable persons. In
reviewing a disqualification, the executive director shall give predominant weight to the safety of
vulnerable persons over the interests of the disqualified person. The final determination must be
based upon a review of:
(I) The seriousness of the disqualifying offense;
(II) Whether the person has a conviction for more than one disqualifying offense;
(III) The vulnerability of the victim at the time the disqualifying offense was committed;
(IV) The time elapsed without a repeat of the same or similar disqualifying offense;
(V) Documentation of successful completion of training or rehabilitation pertinent to the
disqualifying offense; and
(VI) Any other relevant information submitted by the disqualified person.
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(b) The decision of the executive director shall constitute final agency action.
(14) Nothing in this section shall be construed to preclude the department or the director of
any facility operated by the department from adopting a policy regarding self -reporting of
arrests, charges, or summonses or a policy regarding disqualification from employment that
includes other offenses not set forth in paragraph (b) or (c) of subsection (9) of this section.
(15) (a) In considering any disciplinary action under section 24 -50-125 (1) against an
employee who is certified to any class or position in the state personnel system for engaging in
mistreatment, abuse, neglect, or exploitation against a vulnerable person, the appointing
authority shall give weight to the safety of vulnerable persons over the interests of any other
person. For purposes of this subsection (15), "mistreatment", "abuse", "neglect", or
"exploitation" shall have the same definitions as contained in article 22 of title 16, articles 3 and
6.5 of title 18, articles 1 and 3 of title 19, article 3.1 of title 26, and this article 90 and titles 38
and 42 of the code of federal regulations, as amended.
(b) If the appointing authority finds that the employee has engaged in mistreatment, abuse,
neglect, or exploitation against a vulnerable person, the appointing authority may take such
disciplinary action as the appointing authority deems appropriate, up to and including
termination, taking into consideration the harm or risk of harm to vulnerable persons created by
the employee's actions. Nothing in this subsection (15)(b) affects the constitutional or statutory
due process rights afforded to an employee who is certified to any class or position in the state
personnel system.
(c) This subsection (15) applies regardless of whether the employee has been charged with or
convicted of a disqualifying offense under subsection (9)(b) or (9)(c) of this section.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 762, § 2,
effective April 29. L. 2013: (3)(e) amended, (HB 13 -1300), ch. 316, p. 1692, § 87, effective
August 7. L. 2014: (3)(e) amended, (SB 14 -096), ch. 59, p. 274, § 30, effective August 6. L.
2015: (3)(c)(II) added by revision, (SB 15 -239), ch. 160, pp. 488, 490 §§ 8, 14. L. 2017: (2)(e),
(3)(a), and (3)(b) amended, (SB 17-242), ch. 263, p. 1376, § 294, effective May 25; (4) amended,
(SB 17-189), ch. 149, p. 504, § 14, effective August 9. L. 2018: (1), (2)(a), (2)(c), (3)(d), (4), (7),
(9)(a), IP(9)(b), IP(9)(c), (10), (11), (12), and IP(13)(a) amended, (2)(b.5), (2)(d.5), and (11.5)
added, and (2)(d) repealed, (HB 18 -1411), ch. 238, p. 1484, § 2, effective May 24; (15) added,
(HB 18-1065), ch. 142, p. 919, § 1, effective August 8. L. 2019: (4) amended, (HB 19-1166), ch.
125, p. 558, § 49, effective April 18. L. 2021: (3)(g) amended, (SB 21 -059), ch. 136, p. 750, §
135, effective October 1. L. 2022: (4) amended, (HB 22 -1270), ch. 114, p. 532, § 52, effective
April 21; (11.5)(b) amended, (HB 22-1295), ch. 123, p. 865, § 121, effective July 1.
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Editor's note: (1) This section is similar to former § 27-1-110 as it existed prior to 2010.
(2) Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective July 1, 2016.
(See L. 2015, pp. 488, 490.)
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-90-112. Youth neuro-psych facility - funding - repeal.
(1) Beginning July 1, 2022, the department of human services shall begin the process to
create, develop, or contract for a neuro -psych facility. The neuro -psych facility must have a
capacity of at least sixteen residential beds for Colorado youth who are less than twenty -one
years of age. The department shall develop and implement admission criteria that ensures that
Colorado children and youth, prior to being admitted, have been evaluated for the least restrictive
level of care and that geographic location, current health -care provider, and payer type are not
the primary determining factors in whether a youth has access to a bed at the neuro -psych
facility.
(2) (a) (I) For the 2022 -23 budget year, the general assembly shall appropriate money from
the behavioral and mental health cash fund pursuant to section 24 -75-230 to the department of
human services to fund operational support for psychiatric residential treatment facilities for
youth and qualified residential treatment programs for youth across the state as described in this
subsection (2).
(II) Money spent pursuant to this subsection (2) must conform with the allowable purposes
set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117 -2, as amended. The
department of human services shall spend or obligate such appropriation in accordance with
section 24-75-226 (4)(d).
(b) This subsection (2) is repealed, effective September 1, 2027.
(3) The department of human services and any person that receives money from the
department of human services shall comply with the compliance, reporting, record -keeping, and
program evaluation requirements established by the office of state planning and budgeting and
the state controller in accordance with section 24-75-226 (5).
Source: L. 2022: Entire section added, (HB 22-1283), ch. 185, p. 1244, § 6, effective May 18.
L. 2024: (2)(a)(II) amended, (HB 24-1466), ch. 429, p. 2946, § 43, effective June 5.
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Cross references: For the legislative declaration in HB 22 -1283, see section 1 of chapter 185,
Session Laws of Colorado 2022. For the legislative declaration in HB 24 -1466, see section 1 of
chapter 429, Session Laws of Colorado 2024.
ARTICLE 91
Institutions - General Administrative Provisions
27-91-101. Legislative declaration.
27-91-102. Boards of control entitled
only to actual expenses.
27-91-103. Debts in excess of
appropriation -
emergencies.
27-91-104. The term "officer" includes
members of boards.
27-91-105. Indebtedness limited to
appropriation.
27-91-106. Violation - penalty.
27-91-107. Purchase of supplies by and
from institutions.
27-91-108. Display of flags.
27-91-109. Personal display of flags.
27-91-101. Legislative declaration.
The purpose of this section and section 27 -91-102 is to provide for the payment of actual
expenses only, in lieu of stated salaries and mileage, to all members of boards of control of state
institutions.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 768, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-2-101 as it existed prior to 2010.
27-91-102. Boards of control entitled only to actual expenses.
A member of a board of control, trustees, or commissioners of all institutions supported by or
under the patronage and control of the state shall receive as compensation for his or her services
only actual expenses incurred in attendance upon and in going to and returning from each regular
and special meeting of the board of control, trustees, or commissioners or for performing any
services whatever for the institution of which he or she is a member of the board of control,
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trustees, or commissioners, payment to be made out of the funds appropriated for the support and
maintenance of the respective institutions. In all cases of cash paid out by the member of a board
of control, trustees, or commissioners, an itemized account, accompanied by the proper vouchers
therefor, signed by the party to whom such money has been paid, shall accompany the vouchers
upon which all warrants for such expenditures shall issue.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 768, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-2-102 as it existed prior to 2010.
27-91-103. Debts in excess of appropriation - emergencies.
The various officers designated by law to control and direct the fiscal affairs of the several
state institutions shall not contract within any year any indebtedness in excess of the amount
named in any appropriation made for the support of any state institution during that time; but, in
cases of emergency, the governor may authorize the contraction of such indebtedness that in his
or her judgment is absolutely necessary for the maintenance and support of the institution, until
such time as the general assembly meets. The officers of any state institution, supported by the
levy of any special tax, shall contract no indebtedness in any year in excess of eighty percent of
the gross amount of the levy made for that year from which to support that institution.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 768, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-2-103 as it existed prior to 2010.
ANNOTATION
Applied in Hoyt v. Trustees of State
Normal Sch., 96 Colo. 442, 44 P.2d 513
(1935) (decided prior to 2010 amendments
to this article).
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27-91-104. The term "officer" includes members of boards.
The term "officer" as used in section 27 -91-105 includes any member of the various boards
created by law to govern or supervise the respective state institutions.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 768, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-2-104 as it existed prior to 2010.
27-91-105. Indebtedness limited to appropriation.
It is unlawful for any officer of any state institution of this state to incur or contract any
indebtedness for, on behalf of, or in the name of the state institution or in the name of the state in
excess of the sum appropriated by the general assembly for the use or support of the institution
for the fiscal year. An officer of any state institution shall not draw any money from the state
treasury unless the same is absolutely needed and required by the institution at the time, and then
only upon the warrant of the controller.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 768, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-2-105 as it existed prior to 2010.
27-91-106. Violation - penalty.
Any person who violates any of the provisions of section 27 -91-105 is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three
hundred dollars.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 769, § 2,
effective April 29.
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Editor's note: This section is similar to former § 27-2-106 as it existed prior to 2010.
27-91-107. Purchase of supplies by and from institutions.
(1) The following designated state institutions are within the purview of this section: All
facilities of the departments of corrections and human services, the Colorado mental health
institute at Pueblo, the Wheat Ridge regional center, the Grand Junction regional center, the
Pueblo regional center, the Lookout Mountain school at Golden, the Mount View school at
Morrison, the Colorado industries for the blind, and the Colorado psychiatric hospital.
(2) When any of the institutions enumerated in subsection (1) of this section are in need of
supplies that are grown, produced, or manufactured by any other of the institutions, it shall
purchase the same from the other institution if it has a surplus thereof of suitable quality
available for sale at a price not in excess of the current market price for such supplies, and it is
the duty of the managing boards of such respective institutions to require observance of the
provisions of this section.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 769, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-2-107 as it existed prior to 2010.
27-91-108. Display of flags.
(1) The chief administrative officer of any state institution supported in whole or in part by
the state and under the control of the state shall have erected and maintained, at the entrance of
the institution or on the principal administrative building or grounds thereof, a suitable flagstaff
with the attachments necessary for the display of flags and shall cause to be displayed thereon
the flags of the United States and of the state of Colorado. The flag of the state of Colorado shall
be the same size as the flag of the United States with which it is displayed. If both flags are
displayed on one flagstaff, the flag of the state of Colorado shall be placed below the flag of the
United States.
(2) (a) The chief administrative officer of any court facility supported in whole or in part by
the state and under the control of the state shall cause to be permanently and prominently
displayed the flag of the United States, as described in chapter 1 of title 4, U.S.C., in each
courtroom when a court proceeding is in session. A flag displayed in a courtroom must measure
three by five feet. No alleged failure to cause the flag of the United States to be permanently and
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prominently displayed in a courtroom supported in whole or in part by the state and under the
control of the state shall be the basis of any challenge to such court's authority or jurisdiction or
for any appeal of any decision, order, or judgment of such court.
(b) The flags of the United States and of the state of Colorado shall be permanently and
prominently displayed in all committee rooms under the control of the general assembly of the
state of Colorado.
(c) On and after September 1, 1996, the chief administrative officer of any school supported
in whole or in part by the state and under the control of the state shall cause to be displayed
permanently and prominently the flag of the United States, as described in chapter 1 of title 4,
U.S.C., in each academic classroom when an academic class is in session. A flag displayed in an
academic classroom shall measure no less than either twelve by eighteen inches if it is displayed
in a frame or two by three feet if it is displayed on a flagstaff.
(3) The chief administrative officer of any school or court facility supported in whole or in
part by the state and under the control of the state is hereby authorized to accept donations of
flags to be displayed in classrooms or courtrooms pursuant to the provisions of subsection (2) of
this section.
(4) (a) The chief administrative officer of any state institution, school, or court facility
described in this section shall not permit the display of any depiction or representation of a flag
of the United States that is intended for public view and permanently affixed or attached to any
part of the building or grounds of said state institution, school, or court facility, and which
display does not conform with 4 U.S.C. sec. 7.
(b) Nothing in this subsection (4) shall be construed to preclude the temporary display of any
instructional or historical materials or student work product included as part of a lesson not
permanently affixed or attached to any part of said building or grounds.
(5) Any flag of the United States displayed pursuant to this section shall be displayed as
described in 4 U.S.C. sec. 7.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 769, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-2-108 as it existed prior to 2010.
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27-91-109. Personal display of flags.
(1) The right to display reasonably the flag of the United States shall not be infringed with
respect to the display:
(a) On an individual's person;
(b) Anywhere on an individual's personal or real property; and
(c) In the buildings or on the grounds of any tax -supported property in the state; except that
the state or political subdivision that has jurisdiction over the building or grounds may adopt
reasonable rules and regulations regarding the size, number, placement, manner of display, and
lighting of the flag, and the location, size, and height of flagpoles.
(2) (a) Notwithstanding any provision of subsection (1) of this section to the contrary, the
right with respect to an individual's real property shall be subject to reasonable restrictive
covenants or equitable servitudes; except that no such covenant or servitude, nor any owners'
association shall prohibit the outdoor display of the flag of the United States by a property owner
on that owner's property if the flag is displayed in a manner consistent with chapter 1 of title 4 of
the United States Code, as amended.
(b) Notwithstanding any provision of paragraph (a) of this subsection (2) to the contrary, an
owners' association, the state, or a political subdivision may adopt reasonable rules and
regulations regarding the size, number, placement, manner of display, and lighting of the flag,
and the location, size, and height of flagpoles.
(3) For purposes of this section, "display reasonably" shall be presumed to include a display
of the flag of the United States that is consistent with chapter 1 of title 4 of the United States
Code, as amended.
(4) A right described in subsection (1) of this section is a civil right of free speech and a
protected form of expression under the first amendment to the United States constitution and
section 10 of article II of the state constitution.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 770, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-2-108.5 as it existed prior to 2010.
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ARTICLE 92
Institutions - Charges for Patients
27-92-101. Liability.
27-92-102. Cost determination.
27-92-103. Extent of liability.
27-92-104. Determination of ability to
pay.
27-92-105. Effect of determination.
27-92-106. Appeal.
27-92-107. Service.
27-92-108. Certificate - prima facie
evidence.
27-92-109. Further actions.
27-92-101. Liability.
(1) When a person is admitted, committed, or transferred to a public institution of this state
supervised by the department of human services for the care, support, maintenance, education, or
treatment of persons with mental health disorders, the person, his or her spouse, and his or her
parents are liable for the costs of his or her care, support, maintenance, and treatment to the
extent and in the manner provided in this article 92. No other relatives of the person are liable to
any extent for such costs.
(2) This article 92 also applies to those persons received pursuant to article 8 of title 16 and
sections 16-13-216, 19-2.5-1525, and 19-2.5-1532, but not by way of exclusion.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 771, § 2,
effective April 29. L. 2017: (1) amended, (SB 17 -242), ch. 263, p. 1376, § 295, effective May
25. L. 2021: (2) amended, (SB 21-059), ch. 136, p. 751, § 136, effective October 1.
Editor's note: This section is similar to former § 27-12-101 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
ANNOTATION
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Title 27 - Behavioral Health
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Law reviews. For article, "Liability of
Counties for Support of Inmates in State
Institutions", see 29 Dicta 27 (1952). For
article, "Commitment Procedures in
Colorado", see 29 Dicta 273 (1952). For
comment on State v. Estate of Burnell, 165
Colo. 205, 439 P.2d 38 (1969), appearing
below, see 45 Den. L.J. 788 (1968). For
article, "Protecting the Mentally
Incompetent Child's Trust Interest from
State Reimbursement Claims", see 58 Den.
L.J. 557 (1981).
Annotator's note. Since § 27 -92-101 is
similar to § 27 -12-101 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Statutory scheme in this article is clear
and unambiguous. State v. Schleiger, 37
Colo. App. 195, 547 P.2d 1295 (1975), aff'd,
193 Colo. 531, 568 P.2d 441 (1977).
For constitutionality of section, see
Wigington v. State Home & Training Sch.,
175 Colo. 159, 486 P.2d 417 (1971).
There is no constitutional inequality in
requiring those receiving more expensive
care to be liable for additional costs through
assets which they may have accumulated.
State v. Estate of Burnell, 165 Colo. 205,
439 P.2d 38 (1968).
A mental patient who voluntarily works in
a state hospital and is not paid for such
services is not unconstitutionally denied
equal protection of the laws or subjected to
slavery or involuntary servitude. In re Estate
of Buzzelle v. Colo. State Hosp., 176 Colo.
554, 491 P.2d 1369 (1971).
This section provides the remedy for
collection for maintenance of a mentally ill
or deficient pauper from his relatives while
an inmate at the state hospital. People ex rel.
Zimmerman v. Herder, 122 Colo. 456, 223
P.2d 197 (1950).
This section clearly imposes liability on
the estate of a criminally insane person
who is committed or transferred to a public
institution operated by the state of Colorado
for care and maintenance. State v. Estate of
Burnell, 165 Colo. 205, 439 P.2d 38 (1968).
Imposition of liability in derogation of
common law. The imposition of liability
upon relatives for the costs of care and
maintenance of mental incompetents
confined in mental institutions is in
derogation of the common law. At common
law it was the rule that in the absence of
express contract or fraud, public authorities
could not recover either from the person
confined, from his estate, or from those
under a common -law duty to support him,
the expenses incurred on account of the
committed patient. In re Estate of Randall v.
Colo. State Hosp., 166 Colo. 1, 441 P.2d 153
(1968).
A statute imposing liability where none
previously existed must be strictly
construed in favor of the person against
whom its provisions are intended to be
applied. In re Estate of Randall v. Colo.
State Hosp., 166 Colo. 1, 441 P.2d 153
(1968).
Exemptions from claim. The general
assembly intended that an incompetent's
estate be given the benefit of the same
exemptions afforded to a normal judgment
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debtor. State v. Estate of Butler, 30 Colo.
App. 246, 491 P.2d 102 (1971).
The exemption provisions of § 13 -54-102
are applicable to the assets in the estate of a
mental incompetent, and insurance proceeds
in such an estate are exempt from an
approved claim of the Colorado state
hospital. State v. Estate of Butler, 30 Colo.
App. 246, 491 P.2d 102 (1971).
There is no statutory compulsion
requiring work, labor, or services by
medically adjudicated incompetents whose
confinement is not for punishment but rather
for treatment. In re Estate of Buzzelle v.
Colo. State Hosp., 176 Colo. 554, 491 P.2d
1369 (1971).
This section contains no express
language requiring compensation for
occupational therapy, nor any language
from which an inference necessarily should
be drawn that the state should pay a patient
for his voluntary services. In re Estate of
Buzzelle v. Colo. State Hosp., 176 Colo.
554, 491 P.2d 1369 (1971).
27-92-102. Cost determination.
(1) The department of human services shall periodically determine the individual cost for the
care, support, maintenance, treatment, and education of the patients of each of the public
institutions supervised by the department of human services. In making the determination, it is
proper for the department to use averaging methods to the extent that it is not practicable, in the
judgment of the executive director of the department of human services, to compute the actual
cost for each patient.
(2) With respect to a resident patient who is under the age of twenty -one years, the
department of human services shall deduct from the determined cost an amount equal to the
average per capita cost for the education of children with disabilities pursuant to article 20 of title
22, C.R.S.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 771, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-12-102 as it existed prior to 2010.
ANNOTATION
Law reviews. For article, "Protecting the
Mentally Incompetent Child's Trust Interest
from State Reimbursement Claims", see 58
Den. L.J. 557 (1981).
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Charges not based on insurance. The
charges, i.e., the actual cost of the care, are
the same whether the patient has insurance
or not. State v. Schleiger, 37 Colo. App. 195,
547 P.2d 1295 (1975), aff'd, 193 Colo. 531,
568 P.2d 441 (1977) (decided prior to 2010
amendments to this article).
27-92-103. Extent of liability.
(1) The department of human services shall assess against the patient, spouse, or parents
made liable by section 27 -92-101, or any of them, all or such part of the cost as they are
respectively able to pay, but the department of human services shall not assess against the liable
persons in the aggregate more than the whole of such cost.
(2) The liability of each parent shall cease when such parent has completed the payments as
assessed in this article or upon the patient's eighteenth birthday, whichever event first occurs.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 771, § 2,
effective April 29. L. 2011: (2) amended, (HB 11-1303), ch. 264, p. 1172, § 83, effective August
10.
Editor's note: This section is similar to former § 27-12-103 as it existed prior to 2010.
ANNOTATION
Law reviews. For article, "Protecting the
Mentally Incompetent Child's Trust Interest
from State Reimbursement Claims", see 58
Den. L.J. 557 (1981).
Annotator's note. Since § 27 -92-103 is
similar to § 27 -12-103 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Voluntary work not unconstitutional. A
mental patient who voluntarily works in a
state hospital and is not paid for such
services is not unconstitutionally denied
equal protection of the laws or subjected to
slavery or involuntary servitude. In re Estate
of Buzzelle v. Colo. State Hosp., 176 Colo.
554, 491 P.2d 1369 (1971).
Determination and assessment
conditions precedent to collection. Under
this statutory scheme, the determination of
ability to pay made pursuant to former § 27 -
12-104 and the assessment made thereon
pursuant to this section are conditions
precedent to collection. State v. Schleiger,
37 Colo. App. 195, 547 P.2d 1295 (1975),
aff'd, 193 Colo. 531, 568 P.2d 441 (1977).
For the estate of the deceased to be
liable for the care of her daughter, a claim
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would have to be one that could have been
asserted against the deceased in her lifetime.
In re Estate of Randall v. Colo. State Hosp.,
166 Colo. 1, 441 P.2d 153 (1968).
This section contains no express
language requiring compensation for
occupational therapy, nor any language
from which an inference necessarily should
be drawn that the state should pay a patient
for his voluntary services. In re Estate of
Buzzelle v. Colo. State Hosp., 176 Colo.
554, 491 P.2d 1369 (1971).
27-92-104. Determination of ability to pay.
(1) All insurance and other benefits payable for the care, support, maintenance, and treatment
of a patient shall be considered available for payment of the cost determined under section 27 -
92-102.
(2) The department of human services shall determine the ability of a patient and his or her
spouse to pay the balance of the cost by consideration of the following factors: Income
reportable under Colorado law; the age of the patient and spouse; the number of dependents,
their ages, and their mental and physical condition; provision for retirement years; the length of
the patient's care or treatment; liabilities; and assets. The determination shall be made according
to schedules contained in published rules, adopted in accordance with the provisions of article 4
of title 24, C.R.S.
(3) If it is determined that the patient and his or her spouse are unable to pay the entire cost
determined under section 27 -92-102 and the length of the patient's care and treatment at a state
institution is reasonably anticipated to be less than six months, the department of human services
shall determine the parent's ability to pay by consideration of the same factors referred to in
subsection (2) of this section, applying each such factor to the parent.
(4) If it is determined that the patient and his or her spouse are unable to pay the entire cost
determined under section 27 -92-102 and the length of the patient's care and treatment at a state
institution is reasonably anticipated to exceed six months, the department of human services shall
determine the parent's ability to pay by reference to the parent's net taxable income reportable
under Colorado law and to the patient's length of care or treatment. At the request of the parent,
the department shall also consider other factors relevant to the interest of avoiding undue
hardship to the family unit. Other factors may include the parent's age, provision for retirement
years, assets, liabilities, and the number of dependents, their mental and physical condition, and
their educational requirements. The determination shall be made according to schedules
contained in published rules adopted in accordance with the provisions of article 4 of title 24,
C.R.S.
(5) Should any parent not file a Colorado income tax return, the parent's net Colorado
taxable income equivalent shall be determined by reference to his or her United States income
Colorado Revised Statutes 2026
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tax return as though all the income disclosed by that return had been derived from sources within
Colorado, and the table of rates shall be applied to the net taxable income equivalent.
(6) Upon the willful failure of any patient, spouse, or parent to furnish to the department of
human services, upon request, copies of his or her income tax returns, he or she shall be deemed
to have the ability to pay the entire cost determined under this article.
(7) Every agency and department of the state is required to render all reasonable assistance to
the executive director of the department of human services in obtaining all information necessary
for proper implementation of the purposes of this article. Nothing in this subsection (7) shall be
construed to require the department of revenue to produce a copy of any person's income tax
return solely upon the request of the department of human services, but the department of
revenue shall deliver a copy of any such return upon the request of the taxpayer or his or her duly
authorized representative, pursuant to section 39-21-113 (4), C.R.S.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 772, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-12-104 as it existed prior to 2010.
ANNOTATION
I. General Consideration.
II. Insurance.
III. Determination.
IV . Amount of Liability.
I. GENERAL CONSIDERATION.
Law reviews. For article, "Protecting the
Mentally Incompetent Child's Trust Interest
from State Reimbursement Claims", see 58
Den. L.J. 557 (1981).
Annotator's note. Since § 27 -92-104 is
similar to § 27 -12-104 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Ambiguous term construed in favor of
insured. Even if an insurance company
intended charges to mean other than actual
cost, its intent is ambiguously stated, and
therefore the term must be construed in
favor of the insured. State v. Schleiger, 37
Colo. App. 195, 547 P.2d 1295 (1975), aff'd,
193 Colo. 531, 568 P.2d 441 (1977).
Benefits received by individuals at state
mental health hospital from veterans
administration and the Colorado old age
pension program fall under the term "other
benefits payable" in subsection (1). As such,
they may be applied to cover costs of care at
the hospital. In re Estate of Nau, 183 P.3d
626 (Colo. App. 2007).
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II. INSURANCE.
Insurance coverage to be used to
reimburse costs. The plain and obvious
purpose of subsection (1) is to provide that
where insurance coverage exists it shall be
used to reimburse the state for the actual
cost of the care, support, maintenance, and
treatment of the patient. State v. Schleiger,
37 Colo. App. 195, 547 P.2d 1295 (1975),
aff'd, 193 Colo. 531, 568 P.2d 441 (1977).
Subsection (1) makes the consideration
of insurance mandatory by the use of the
word "shall". State v. Schleiger, 37 Colo.
App. 195, 547 P.2d 1295 (1975), aff'd, 193
Colo. 531, 568 P.2d 441 (1977).
Insurance is to be considered available
for payment of the entire cost before any
allowance or remission based on the
patient's ability to pay is permitted. State v.
Schleiger, 37 Colo. App. 195, 547 P.2d 1295
(1975), aff'd, 193 Colo. 531, 568 P.2d 441
(1977).
Subsection (1) refers only to the role
which insurance proceeds should play in
the department of institutions' decision
relative to its determination of the ability of
the patient or relative to pay. State ex rel.
Fort Logan Mental Health Center v.
Harwood, 34 Colo. App. 213, 524 P.2d 614
(1974).
III. DETERMINATION.
Liability attaches when determination
made. The liability which attaches for
accrued costs of maintenance and care in a
public institution under former § 27 -12-101
becomes a debt upon determination by the
department of institutions that the relative is
able to pay. If no determination of ability to
pay has been made, the amount expended by
the state in caring for the incompetent does
not accrue and cannot be claimed as a debt
against the estate of the deceased relative.
People ex rel. Schauer v. Bozaich, 29 Colo.
App. 468, 487 P.2d 597 (1971).
Collection of insurance proceeds is not
condition precedent to determination of
ability to pay. State ex rel. Fort Logan
Mental Health Center v. Harwood, 34 Colo.
App. 213, 524 P.2d 614 (1974).
Determination and assessment
conditions precedent to collection. Under
this statutory scheme, the determination of
ability to pay made pursuant to this section
and the assessment made thereon pursuant to
former § 27-12-103 are conditions precedent
to collection. State v. Schleiger, 37 Colo.
App. 195, 547 P.2d 1295 (1975), aff'd, 193
Colo. 531, 568 P.2d 441 (1977).
Failure to comply with and to exhaust
statutory remedies under this article
precludes later argument on the issues in
a collection action. In re estate of Carlson,
749 P.2d 993 (Colo. App. 1987).
Failure to make determination bars
collection. In the absence of a determination
of ability to pay or an actual assessment, this
section does not permit the collection of
hospital expenses up to the amount of the
insurance benefits payable for such expenses
nor may the state maintain an action to
recover for the costs of hospital care. State
ex rel. Fort Logan Mental Health Center v.
Harwood, 34 Colo. App. 213, 524 P.2d 614
(1974).
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When the state does not determine the
patient's ability to pay the balance, the
doctrine of res judicata will bar collection of
any balance. State v. Schleiger, 37 Colo.
App. 195, 547 P.2d 1295 (1975), aff'd, 193
Colo. 531, 568 P.2d 441 (1977).
But does not obviate liability. The fact
that liability cannot be asserted until a
determination of ability to pay has been
made in no way obviates the liability itself.
State v. Schleiger, 37 Colo. App. 195, 547
P.2d 1295 (1975), aff'd, 193 Colo. 531, 568
P.2d 441 (1977).
Trustee bank is not liable for payments
to hospital for care given by hospital to
beneficiary where bank did not willfully fail
to supply tax returns to hospital for its
determination of beneficiary's ability to pay.
State v. First Interstate Bank of Denver, 743
P.2d 449 (Colo. App. 1987).
IV . AMOUNT OF LIABILITY.
Liability for actual cost of care. The
initial liability is for the actual cost of the
care provided, and is incurred as the day -to-
day expenditures are made. Schleiger v.
State, 193 Colo. 531, 568 P.2d 441 (1977).
Regardless of insurance. The actual cost
of the care are the same whether the patient
has insurance or not. State v. Schleiger, 37
Colo. App. 195, 547 P.2d 1295 (1975), aff'd,
193 Colo. 531, 568 P.2d 441 (1977).
"Charges" are "made" and "incurred"
within the meaning of an insurance policy as
each day passes while the patient is
hospitalized, not when the bill is sent or the
assessment made. State v. Schleiger, 37
Colo. App. 195, 547 P.2d 1295 (1975), aff'd,
193 Colo. 531, 568 P.2d 441 (1977).
When remission from full cost allowed.
Only if insurance is not available to pay the
full cost and only if the patient personally is
unable to pay the full cost does he get a
remission or allowance from the full cost.
State v. Schleiger, 37 Colo. App. 195, 547
P.2d 1295 (1975), aff'd, 193 Colo. 531, 568
P.2d 441 (1977).
State may collect only what patient is
able to pay. The initial liability is for the
actual cost of the care provided, but the state
may collect, when there is no insurance,
only that amount which the patient is able to
pay. State v. Schleiger, 37 Colo. App. 195,
547 P.2d 1295 (1975), aff'd, 193 Colo. 531,
568 P.2d 441 (1977).
Or spouse or parents. In those instances
where there is no insurance, the state may
collect only that portion of the person's
liability for the actual cost as the patient,
spouse, or parents are able to pay. State v.
Schleiger, 37 Colo. App. 195, 547 P.2d 1295
(1975), aff'd, 193 Colo. 531, 568 P.2d 441
(1977).
The parent is liable for the actual cost of
care upon admission. State v. Schleiger, 37
Colo. App. 195, 547 P.2d 1295 (1975), aff'd,
193 Colo. 531, 568 P.2d 441 (1977).
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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27-92-105. Effect of determination.
A determination of the ability of a patient, spouse, or parent to pay shall remain in effect until a
redetermination is made.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 773, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-12-105 as it existed prior to 2010.
ANNOTATION
Applied in People ex rel. Schauer v.
Bozaich, 29 Colo. App. 468, 487 P.2d 597
(1971) (decided prior to 2010 amendments
to this article).
27-92-106. Appeal.
Appeals from the determination of the ability of a patient or relative to pay, as provided in this
article, may be taken to any court of record in Colorado having jurisdiction of the patient or his
or her spouse or parents liable for payment; but no appeal may be taken until the executive
director of the department of human services has ruled upon a written request for a review of the
determination. The request shall be made within sixty days after receipt of notification of the
determination, and the applicant shall be notified of the decision of the executive director within
forty-five days after the receipt of the applicant's request for review.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 773, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-12-106 as it existed prior to 2010.
27-92-107. Service.
Service of any notification, information, or request for information, review, or redetermination,
accomplished by certified mail, return receipt requested, or in any manner provided by the
Colorado rules of civil procedure, shall be sufficient for all purposes of this article.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 773, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-12-107 as it existed prior to 2010.
27-92-108. Certificate - prima facie evidence.
In any action or proceeding to enforce the claims of the state provided for in this article, a
certificate by the chief administrative officer of the institution involved or the executive director
of the department of human services as to any fact or matter necessary to the establishment of the
claim which is a matter of record in the institution or in the department of human services shall
constitute prima facie evidence.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 773, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-12-108 as it existed prior to 2010.
27-92-109. Further actions.
(1) A patient, spouse, or parent liable by this article who fails to pay the amounts assessed
pursuant to this article shall be proceeded against in any manner authorized by law for the
collection of sums due and owing to the state of Colorado.
(2) All property of persons liable pursuant to this article shall be subject to application to
claims irrespective of its origin, composition, or source subject to the exemptions set forth in
section 13-54-102, C.R.S.
(3) Claims against responsible relatives in other states may be enforced as claims for support
under the provisions of the "Uniform Interstate Family Support Act", article 5 of title 14, C.R.S.
(4) In the absence of fraud, the patient, spouse, and parents shall be liable only to the extent
of assessments actually made against them respectively in accordance with this article.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 773, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-12-109 as it existed prior to 2010.
ANNOTATION
Law reviews. For article, "Protecting the
Mentally Incompetent Child's Trust Interest
from State Reimbursement Claims", see 58
Den. L.J. 557 (1981).
Annotator's note. Since § 27 -92-109 is
similar to § 27 -12-109 as it existed prior to
the 2010 amendments to this article, relevant
cases construing that provision have been
included in the annotations to this section.
Legislative intent relating to
exemptions. The general assembly intended
that an incompetent's estate be given the
benefit of the same exemptions afforded to a
normal judgment debtor. State v. Estate of
Butler, 30 Colo. App. 246, 491 P.2d 102
(1971).
Benefits received by individuals at state
mental health hospital from veterans
administration and the Colorado old age
pension program may be applied to cover
costs of care at the hospital under former §
27-12-104 and therefore are not exempt
under this section. In re Estate of Nau, 183
P.3d 626 (Colo. App. 2007).
In the absence of a determination of
ability to pay and of an actual assessment,
the state may not maintain an action to
recover for the costs of hospital care. State
ex rel. Fort Logan Mental Health Center v.
Harwood, 34 Colo. App. 213, 524 P.2d 614
(1974).
Applied in State v. Schleiger, 37 Colo.
App. 195, 547 P.2d 1295 (1975), aff'd, 193
Colo. 531, 568 P.2d 441 (1977).
ARTICLE 93
Colorado Mental Health Institute at Pueblo
27-93-101. Institute established.
27-93-102. Capacity to take property.
27-93-103. Employees - adult protective
services data system
check - publications.
27-93-104. Authorized utilization of
medical facilities at
institute - equipment
replacement fund.
27-93-105. Alternative uses for institute
facilities.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-485-
27-93-106. Access to inpatient civil beds at institute.
27-93-101. Institute established.
(1) There is established the Colorado mental health institute at Pueblo for the treatment and
care of persons who may have a behavioral or mental health disorder from any cause and for
other persons in state institutions on an inpatient and outpatient basis and in state programs
relating to the treatment of substance use disorders who may require medical care and treatment
within the capabilities of the staff and facilities of the institute.
(2) All materials without limitation that contain the former names of the Colorado mental
health institute at Fort Logan and the Colorado mental health institute at Pueblo shall be utilized
to the maximum extent possible in the ordinary course of business before being replaced.
(3) The Colorado mental health institute at Pueblo is authorized to contract, pursuant to the
federal government procurement process, with federal agencies to provide psychiatric, medical,
and surgical services at the institute to persons under the care of or in the custody or control of an
agency of the federal government, so long as the provision of such services does not exceed the
capabilities of the staff and facilities of the institute and does not preempt services to state
patients.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 774, § 2,
effective April 29. L. 2017: (1) amended, (SB 17 -242), ch. 263, p. 1377, § 296, effective May
25.
Editor's note: This section is similar to former § 27-13-101 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17 -242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
27-93-102. Capacity to take property.
The Colorado mental health institute at Pueblo is authorized to receive gifts, legacies, devises,
and conveyances of property, real or personal, that may be made, given, or granted to or for the
Colorado mental health institute at Pueblo. The chief officer of the institute, with the approval of
the governor, shall make disposition of such gifts or property as may be for the best interest of
said Colorado mental health institute at Pueblo.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-486-
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 774, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-13-102 as it existed prior to 2010.
27-93-103. Employees - adult protective services data system check - publications.
(1) The head of the administrative division overseeing the Colorado mental health institute at
Pueblo shall appoint or employ, pursuant to section 13 of article XII of the state constitution,
such administrators, physicians, nurses, attendants, and additional employees as may be
necessary for the proper conduct of said institute. The head of the administrative division may
contract with the board of regents of the university of Colorado health sciences center or any
other governing board of a state -supported institution of higher education for the provision of
services by physicians and other health -care practitioners when deemed necessary for the proper
conduct of the institute. During the performance of any duties by the physicians and other health-
care practitioners for the department of human services, the physicians and other health -care
practitioners are "public employees" as defined in section 24 -10-103 (4), C.R.S., and the
limitation of section 24-30-1517 (2), C.R.S., shall not apply.
(1.5) On and after January 1, 2019, the head of the administrative division overseeing the
Colorado mental health institute at Pueblo shall, prior to employment, submit the name of a
person who will be providing direct care, as defined in section 26 -3.1-101 (3.5), to an at -risk
adult, as defined in section 26 -3.1-101 (1.5), as well as any other required identifying
information, to the department of human services for a check of the Colorado adult protective
services data system pursuant to section 26 -3.1-111 to determine if the person is substantiated in
a case of mistreatment of an at-risk adult.
(2) Publications of the institute circulated in quantity outside the institute shall be subject to
the approval and control of the executive director of the department of human services.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 774, § 2,
effective April 29. L. 2017: (1.5) added, (HB 17-1284), ch. 272, p. 1506, § 15, effective May 31.
Editor's note: This section is similar to former § 27-13-103 as it existed prior to 2010.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-487-
27-93-104. Authorized utilization of medical facilities at institute - equipment
replacement fund.
(1) A person committed to the custody of or cared for in the department of human services or
the department of corrections who requires medical care and treatment that can be
advantageously treated by psychiatric, medical, or surgical care available at the Colorado mental
health institute at Pueblo may be treated at the institute. Charges for patient care and treatment
shall be made in the manner provided in article 92 of this title. A specific appropriation shall be
made annually for the general medical division of the Colorado mental health institute at Pueblo,
based upon projections of the total patient load and associated costs from all institutions, and the
department of human services shall determine at least annually the per diem expenses and the
actual utilization of the general medical division by each institution, including other divisions of
the Colorado mental health institute at Pueblo.
(2) A person under the care of or in the custody or control of an agency of the federal
government whose psychiatric, medical, or surgical needs could be advantageously treated at the
Colorado mental health institute at Pueblo may be treated at the institute pursuant to a contract
between the institute and the agency of the federal government.
(3) A contract entered into pursuant to subsection (2) of this section shall cover the full direct
and indirect costs of services as determined by generally accepted accounting principles and
shall include a fee to cover the need for replacement of existing equipment which would occur
because of this additional use. All fees collected pursuant to this subsection (3) shall be collected
by the Colorado mental health institute at Pueblo and shall be transmitted to the state treasurer,
who shall credit the same to the equipment replacement fund, which fund is hereby created.
Moneys in the equipment replacement fund shall be appropriated by the general assembly on an
annual basis to the department of human services for replacement of existing equipment made
necessary pursuant to this section.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 774, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-13-109 as it existed prior to 2010.
27-93-105. Alternative uses for institute facilities.
The department of human services shall determine the existence of resources at the Colorado
mental health institute at Pueblo that are in excess of the needs of the primary purpose of the
institute and may make available to the regents of the university of Colorado, on mutually
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-488-
agreeable terms, a maximum of ten beds at the institute for the purpose of teaching students in
the family practice medical training program conducted by and under the control of the regents.
The resources shall be a supplement to any existing health -care resources and academic facilities
in the region.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 775, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-13-110 as it existed prior to 2010.
27-93-106. Access to inpatient civil beds at institute.
The department shall develop and implement admission criteria that ensures individuals, prior
to being admitted, have been evaluated for the least restrictive level of care and that geographic
location, current health -care provider, and payer type are not the primary determining factor in
whether an individual has access to a civil inpatient bed.
Source: L. 2019: Entire section added, (SB 19-222), ch. 226, p. 2266, § 4, effective May 20.
Cross references: For the legislative declaration in SB 19 -222, see section 1 of chapter 226,
Session Laws of Colorado 2019.
ARTICLE 94
Colorado Mental Health Institute at Fort Logan
27-94-101. Legislative declaration.
27-94-101.5. Definitions.
27-94-102. Establishment of mental
health center.
27-94-103. Employees - adult protective
services data system
check - publications.
27-94-104. Capacity to take property.
27-94-105. Admissions to center -
transfers - releases.
27-94-106. Access to inpatient civil beds
at center.
27-94-107. Renovation for additional
beds.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-489-
27-94-108. Construction and operation of
an outpatient treatment
facility.
27-94-101. Legislative declaration.
In order to provide a program to promote mental health in the state of Colorado, a mental
health center is established as provided in this article.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 775, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-15-101 as it existed prior to 2010.
27-94-101.5. Definitions.
As used in this article 94, unless the context otherwise requires:
(1) "Center" means the Colorado mental health institute at Fort Logan established pursuant
to section 27-94-102 (1).
(2) "Department" means the department of human services.
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2084, § 241, effective August
6. L. 2026: (2) added, (SB 26-149), ch. 142, p. 787, § 26, effective May 21.
27-94-102. Establishment of mental health center.
(1) There is hereby established at the site of Fort Logan, Denver county, Colorado, a mental
health center to be known as the Colorado mental health institute at Fort Logan. The center shall
be under the general supervision and control of the department of human services.
(2) All materials without limitation that contain the former names of the Colorado mental
health institute at Fort Logan and the Colorado mental health institute at Pueblo shall be utilized
to the maximum extent possible in the ordinary course of business before being replaced.
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
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Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 775, § 2,
effective April 29. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2084, § 242, effective August
6.
Editor's note: This section is similar to former § 27-15-102 as it existed prior to 2010.
27-94-103. Employees - adult protective services data system check - publications.
(1) The head of the administrative division overseeing the center shall appoint or employ,
pursuant to section 13 of article XII of the state constitution, administrators, physicians, nurses,
attendants, and additional employees as necessary for the proper conduct of the center. The head
of the administrative division may contract with the board of regents of the university of
Colorado health sciences center for the provision of services by physicians when deemed
necessary for the proper conduct of the center, and during the performance of any duties by the
physicians for the department of human services, the physicians are "public employees" as
defined in section 24 -10-103 (4), C.R.S., and the limitation of section 24 -30-1517 (2), C.R.S.,
shall not apply.
(1.5) On and after January 1, 2019, the head of the administrative division overseeing the
center shall, prior to employment, submit the name of a person who will be providing direct care,
as defined in section 26 -3.1-101 (3.5), to an at -risk adult, as defined in section 26 -3.1-101 (1.5),
as well as any other required identifying information, to the department of human services for a
check of the Colorado adult protective services data system pursuant to section 26 -3.1-111 to
determine if the person is substantiated in a case of mistreatment of an at-risk adult.
(2) Publications of the center circulated in quantity outside the center shall be subject to the
approval and control of the executive director of the department of human services.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 776, § 2,
effective April 29. L. 2017: (1.5) added, (HB 17-1284), ch. 272, p. 1506, § 16, effective May 31.
Editor's note: This section is similar to former § 27-15-103 as it existed prior to 2010.
27-94-104. Capacity to take property.
The center is authorized to receive gifts, legacies, devises, and conveyances of property, real
and personal, that may be granted or given to the center. The executive director of the department
Colorado Revised Statutes 2026
Title 27 - Behavioral Health
-491-
of human services, with the approval of the governor, shall make disposition of such property as
may be for the best interest of said center.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 776, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-15-104 as it existed prior to 2010.
27-94-105. Admissions to center - transfers - releases.
(1) A person who by law is committed to the department of human services for placement in
a state hospital may be committed to or placed in the center upon order of a court of competent
jurisdiction, except those persons committed to the Colorado mental health institute at Pueblo
pursuant to a judicial determination of not guilty by reason of insanity and those persons
committed under section 16 -8-106 (1), C.R.S., relating to commitments for observation and
examination.
(2) A person placed at the center may be transferred to the Colorado mental health institute at
Pueblo, the Wheat Ridge regional center, the Grand Junction regional center, the Pueblo regional
center, the Mount View school, or the Lookout Mountain school in accordance with law.
(3) A person placed at the center may be released under such terms and conditions as would
entitle him or her to his or her release from the Colorado mental health institute at Pueblo.
Source: L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 776, § 2,
effective April 29.
Editor's note: This section is similar to former § 27-15-105 as it existed prior to 2010.
27-94-106. Access to inpatient civil beds at center.
The department shall develop and implement admission criteria that ensures individuals, prior
to being admitted, have been evaluated for the least restrictive level of care and that geographic
location, current health care provider, and payer type are not the primary determining factor in
whether an individual has access to a civil inpatient bed.
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Source: L. 2019: Entire section added, (SB 19-222), ch. 226, p. 2266, § 5, effective May 20.
Cross references: For the legislative declaration in SB 19 -222, see section 1 of chapter 226,
Session Laws of Colorado 2019.
27-94-107. Renovation for additional beds.
(1) The department of human services shall renovate a building at the center to add at least
sixteen inpatient beds. The department shall spend or obligate all money appropriated for the
renovation in accordance with section 24-75-226 (4)(d).
(2) Initially, the beds may be used for persons needing competency services. When the wait
list for inpatient competency restoration services for defendants not admitted within the time
limits set forth in section 16 -8.5-110 (3)(a)(II) or (3)(a)(III) is eliminated or trending so that it
can be reasonably expected to be eliminated within one year, the department of human services
shall implement a plan to transition the beds created in subsection (1) of this section to serve
civil patients and immediately notify the joint budget committee of the general assembly. Within
one year after the notification to the joint budget committee, all beds created pursuant to
subsection (1) of this section must serve civil patients.
Source: L. 2022: Entire section added, (HB 22-1303), ch. 183, p. 1221, § 2, effective May 18.
L. 2024: (1) amended, (HB 24 -1466), ch. 429, p. 2946, § 44, effective June 5. L. 2026: (2)
amended, (SB 26-149), ch. 142, p. 798, § 53, effective May 21.
Cross references: For the legislative declaration in HB 22 -1303, see section 1 of chapter 183,
Session Laws of Colorado 2022. For the legislative declaration in HB 24 -1466, see section 1 of
chapter 429, Session Laws of Colorado 2024.
27-94-108. Construction and operation of an outpatient treatment facility.
(1) No later than October 1, 2027, the department shall construct and operate an outpatient
treatment facility for adults with behavioral health needs, including adults who are found
incompetent to proceed and unlikely to be restored to competency pursuant to article 8.5 of title
16.
(2) A person may be referred to the outpatient treatment facility by a court conducting a
competency proceeding pursuant to article 8.5 of title 16, by the bridges wraparound care
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program established in article 8.6 of title 16, or by any other program or facility within the
department, including programs operated through contracts with the department. A person shall
not be referred to the outpatient treatment facility from any source outside of competency -related
proceedings, the bridges wraparound care program, or the department.
(3) At a minimum, the department shall ensure that the outpatient treatment facility offers
mental health therapy, medication management services, and case management services. The
department may offer outpatient treatment services as community -based services, as telehealth
services, or in-person at the outpatient treatment facility.
(4) The department may open and operate additional outpatient treatment facilities or
contract with other entities at the department's discretion, subject to additional appropriations.
The department may hold all civil certifications at a single location, and contractors and other
department treatment facilities may provide services to support the civil certifications.
Source: L. 2026: Entire section added, (SB 26-149), ch. 142, p. 787, § 27, effective May 21.