HOUSE BILL 22-1256
BY REPRESENTATIVE(S) Amabile and McCluskie, Pelton, Bacon,
Benavidez, Bernett, Bird, Boesenecker, Cutter, Duran, Esgar, Froelich,
Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay,
McCormick, Michaelson Jenet, Ricks, Sirota, Valdez A., Woodrow, Young;
also SENATOR(S) Moreno and Gardner, Bridges, Buckner, Fields, Ginal,
Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Pettersen, Rankin, Story,
Winter.
C
ONCERNING MODIFICATIONS TO CIVIL INVOLUNTARY COMMITMENT
STATUTES FOR PERSONS WITH MENTAL HEALTH DISORDERS
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend with relocated
provisions article 65 of title 27 as follows:
ARTICLE 65
Care and Treatment of Persons
with Mental Health Disorders
27-65-101. Legislative declaration. (1) The general assembly
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. declares that subject to available appropriations, the purposes of this article
65 are:
(a) To secure for each person with a mental health disorder such
care and treatment suited to his or her 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 his or her
THE PERSON'S liberty for
purposes of care or treatment only when less restrictive alternatives are
unavailable and only when his or her
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;
(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, subject to available appropriations,
the provisions of this article shall ARTICLE 65 MUST be liberally construed.
27-65-102. Definitions. As used in this article 65, unless the context
otherwise requires:
(1) "Acute treatment unit" means a facility or a distinct part of a
PAGE 2-HOUSE BILL 22-1256 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) "B
EHAVIORAL HEALTH ADMINISTRATION " OR "BHA" MEANS THE
BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION
27-60-203.
(3) "B
EHAVIORAL 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) "B
EHAVIORAL 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
.
(1.5)
(5) "Behavioral health entity" means a facility or provider
organization engaged in providing community-based health services, which
may include behavioral health disorder services, alcohol use disorder
services, or substance use disorder services, including crisis stabilization,
acute or ongoing treatment, or community mental health center services as
described in section 27-66-101 (2) and (3), but does not include:
(a) Residential child care facilities as defined in section 26-6-102
(33); or
(b) 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 HAS THE SAME MEANING AS SET FORTH IN SECTION
27-50-101.
(2) (6) "Certified peace officer" means any certified peace officer
PAGE 3-HOUSE BILL 22-1256 as described in section 16-2.5-102. C.R.S.
(7) "COMMISSIONER" MEANS THE COMMISSIONER OF THE
BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED IN SECTION
27-60-203.
(3)
(8) "Court" means any district court of the state of Colorado and
the probate court in the city and county of Denver.
(4) (9) "Court-ordered evaluation" means an evaluation ordered by
a court pursuant to section 27-65-106.
(4.5) (10) "Danger to THE PERSON'S self or others" means:
(a) With respect to an individual, that the individual A PERSON poses
a substantial risk of physical harm to himself or herself THE PERSON'S SELF
as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm to himself or herself
THE PERSON'S SELF; or
(b) With respect to other persons, that the individual 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.
(5)
(11) "Department" means the department of human services.
(5.5) (12) "Emergency medical services facility" means a facility
licensed pursuant to part 1 of article 3 of title 25 or certified pursuant to
section 25-1.5-103, or any other licensed and certified facility that provides
emergency medical services 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 executive director for a seventy-two-hour treatment and evaluation
pursuant to section 27-65-105 COMMISSIONER.
(13) "E
MERGENCY MEDICAL SERVICES PROVIDER " HAS THE SAME
MEANING AS SET FORTH IN SECTION
25-3.5-103 (8).
PAGE 4-HOUSE BILL 22-1256 (6) (14) "Executive director" means the executive director of the
department of human services.
(7) (15) "Facility" means a public hospital or a licensed private
hospital, clinic, behavioral health entity, community mental health center or
clinic, acute treatment unit, institution, or residential child care facility that
provides treatment for persons with mental health disorders.
(8) (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.
(9)
(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 his or her
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 his or her
THE PERSON'S essential needs
that could result in substantial bodily harm. A person of any age may be
"gravely disabled", but such
THE term does not include a person whose
decision-making capabilities are limited solely by his or her THE PERSON'S
developmental disability.
(10) (18) "Hospitalization" means twenty-four-hour out-of-home
placement for treatment in a facility for a person with a mental health
disorder.
(11)
(19) "Independent professional person" means a professional
person as defined in subsection (17) of this section, 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 mental health
facility if he or she 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 27-65-103 (3)
SECTION 27-65-104 (2).
(11.3) (20) "Intervening professional" means a person described in
PAGE 5-HOUSE BILL 22-1256 section 27-65-105 (1)(a)(II) who may effect a seventy-two-hour hold under
the provisions outlined in section 27-65-105 WHO IS ONE OF THE
FOLLOWING
:
(a) A
PROFESSIONAL PERSON;
(b) A
PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION
12-240-113;
(c) A
N ADVANCED PRACTICE REGISTERED NURSE , AS DEFINED IN
SECTION
12-255-104 (1);
(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 PURS UANT 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) "L
AY 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 27-65-109, 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.
(11.5)
(22) "Mental health disorder" includes one or more
PAGE 6-HOUSE BILL 22-1256 substantial disorders of the cognitive, volitional, or emotional processes that
grossly impairs judgment or capacity to recognize reality or to control
behavior. An intellectual or developmental disability is insufficient to either
justify or exclude a finding of a mental health disorder pursuant to the
provisions of this article 65.
(12)
(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 his or her
THE PERSON'S parent
or legal guardian and is managing his or her THE PERSON'S OWN financial
affairs, regardless of his or her THE PERSON'S source of income, or who is
married and living separately and apart from his or her THE PERSON'S parent
or legal guardian.
(13) (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 27-65-103 (5)
SECTION 27-65-104 (4).
(14) Repealed.
(15) (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.
(16)
(26) "Physician" means a person licensed to practice medicine
in this state.
(17) (27) "Professional person" means a person licensed to practice
medicine in this state, a psychologist certified LICENSED to practice in this
state, or a person licensed and in good standing to practice medicine in
another state or a psychologist certified
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.
(18)
(28) "Residential child care facility" means a facility licensed
by the state department of human services pursuant to article 6 of title 26,
C.R.S., to provide group care and treatment for children as such facility is
PAGE 7-HOUSE BILL 22-1256 defined HAS THE SAME MEANING AS SET FORTH in section 26-6-102 (33).
C.R.S. A residential child care facility may be eligible for designation by
the executive director of the department of human services COMMISSIONER
pursuant to this article ARTICLE 65.
(19) (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.
(20)
(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) "S
ECURE TRANSPORTATION PROVIDER " MEANS A PROVIDER
LICENSED PURSUANT TO SECTION
25-3.5-310 TO PROVIDE PUBLIC OR PRIVATE
SECURE TRANSPORTATION SERVICES
.
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 disorder by consent of
WITH the guardian
GUARDIAN'S CONSENT for so AS long as the ward agrees to such care and
treatment. Within ten days after any such admission, The guardian shall
IMMEDIATELY notify in writing the court that appointed the guardian of the
admission.
(9) (2) For the purpose of this article ARTICLE 65, the treatment by
prayer in the practice of the religion of any church which THAT teaches
reliance on spiritual means alone for healing shall be IS considered a form
of treatment.
(10) (3) The medical and legal status of all voluntary patients
PAGE 8-HOUSE BILL 22-1256 receiving treatment for mental health disorders in inpatient or custodial
facilities must be reviewed at least once every six months.
(11) (4) Voluntary patients shall be ARE afforded all the rights and
privileges customarily granted by hospitals to their patients.
(12) (5) (a) If at any time during a seventy-two-hour evaluation AN
EMERGENCY MENTAL HEALTH HOLD
of a person who is confined
involuntarily the facility staff requests the person to sign in voluntarily and
he or she
THE PERSON elects to do so, the following advisement shall be
given orally and in writing and an appropriate notation shall be made in his
or her THE PERSON'S medical record by the professional person or his or her
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) T
HIS SUBSECTION (5) DOES NOT APPLY TO A PERSON ON AN
EMERGENCY MENTAL HEALTH HOLD IN AN EMERGENCY MEDICAL SERVICES
FACILITY
.
27-65-104. Voluntary applications for mental health services -
treatment of minors - definition. (1) [Formerly 27-65-103
(2)] 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, or by
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 shall
IS not be 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 minor
of the services given or needed.
PAGE 9-HOUSE BILL 22-1256 (2) [Formerly 27-65-103 (3)] A minor who is fifteen years of age or
older or a
MINOR'S parent or legal guardian, of a minor
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 of human services shall
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. forthwith.
Procedures for hospitalization of such A
minor may proceed pursuant to this section once a petition for appointment of a guardian ad litem has been filed, if necessary. Whenever such
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, and 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:
(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) [Formerly 27-65-103 (4)] An interview and investigation by an
independent professional person shall not be
IS NOT required for a minor
who is fifteen years of age or older and who, upon the recommendation of
his or her
THE MINOR'S treating professional person, seeks voluntary
hospitalization with the consent of his or her 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 his or her
THE MINOR'S right to refuse to sign the admission consent form
and his or her THE MINOR'S right to revoke his or her THE MINOR'S consent
PAGE 10-HOUSE BILL 22-1256 at a later date. If a minor admitted pursuant to this subsection (4)
SUBSECTION (3) subsequently revokes his or her THE MINOR'S consent after
admission, a review of his or her THE MINOR'S need for hospitalization
pursuant to subsection (5) SUBSECTION (4) of this section shall MUST be
initiated immediately.
(4) [Formerly 27-65-103 (5)] (a) The need for continuing
hospitalization of all voluntary
MINOR patients who are minors shall
MUST
be formally reviewed at least every two months. Review pursuant to this subsection (5) shall
SUBSECTION (4) MUST fulfill the requirement specified
in section 19-1-115 (8) C.R.S., when the minor is fifteen years of age or
older and consenting to hospitalization.
(b) The review shall MUST be conducted by an independent
professional person who is not a member of the minor's treating team; or,
if the minor, his or her
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 (5) 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 (3) SUBSECTION
(2) of this section and whether continued hospitalization is appropriate and shall, at least
AT A MINIMUM, conduct an investigation pursuant to
subsection (3) 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
his or her
THE MINOR'S wishes concerning continued hospitalization.
(e) Nothing in this section shall be construed to limit LIMITS a
minor's right to seek release from the facility pursuant to any other
provisions under the
PROVISION OF law.
(5) [Formerly 27-65-103 (6)] Every six months the review required
pursuant to subsection (5) 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 child
MINOR
pursuant to subsection (5) SUBSECTION (4) of this section.
PAGE 11-HOUSE BILL 22-1256 (6) [Formerly 27-65-103 (7)] (a) When a minor does not consent
to or objects to continued hospitalization, the need for such continued
hospitalization shall
MUST, within ten days, be reviewed pursuant to
subsection (5) SUBSECTION (4) of this section by an independent
professional person who is not a member of the minor's treating team and
who has not previously reviewed the child
MINOR pursuant to this
subsection (7) SUBSECTION (6). The minor shall be informed of the results
of such THE review within three days of AFTER THE REVIEW'S completion.
of such review. If the conclusion reached by such THE professional person
is that the minor no longer meets the standards for hospitalization specified
in subsection (3)
SUBSECTION (2) of this section, the minor shall MUST be
discharged.
(b) If, twenty-four hours after being informed of the results of the
review specified in paragraph (a) of this subsection (7) SUBSECTION (6)(a)
OF THIS SECTION, a minor continues to affirm the objection to
hospitalization, the minor shall be advised by the director of the facility or
his or her 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 his or her
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; his or her
THE MINOR'S
attorney, if any; and his or her THE MINOR'S parent, legal guardian, or
guardian ad litem, if any, shall also 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
paragraph (d) of this subsection (7)
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 he or she
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 his or her
THE MINOR'S attorney or guardian ad
litem may, at any time after the minor has continued to affirm his or her THE
MINOR
'S objection to hospitalization pursuant to subsection (7)(b)
PAGE 12-HOUSE BILL 22-1256 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; his or her
THE MINOR'S attorney, if any; his or her THE MINOR'S parents or legal
guardian; his or her THE MINOR'S guardian ad litem, if any; the independent
professional person; and the minor's treating team. of the time and place of
the hearing. The hearing must be held in accordance with section 27-65-111
SECTION 27-65-113; 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.
(e) For purposes of this subsection (7)
SUBSECTION (6), "objects to
hospitalization" means that a minor, with the necessary assistance of
hospital staff, has written his or her
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 (7)
SUBSECTION (6) until ninety days after conclusion of
proceedings pursuant to this subsection (7) SUBSECTION (6).
(g) In addition to the rights specified under section 27-65-117 IN
SECTION
27-65-119 for persons receiving evaluation, care, or treatment, a
written notice specifying the rights of minor children under this section
shall
MUST be given to each minor upon admission to hospitalization.
PAGE 13-HOUSE BILL 22-1256 (7) [Formerly 27-65-103 (8)] A minor who no longer meets the
standards for hospitalization specified in subsection (3) SUBSECTION (2) of
this section shall MUST be discharged.
27-65-105. [Formerly 27-65-104] Rights of respondents. Unless
specifically stated in an order by the court, a respondent shall DOES not
forfeit any legal right or suffer legal disability by reason of the provisions
of this article
ARTICLE 65.
27-65-106. Emergency mental health hold - screening -
court-ordered evaluation - discharge instructions - respondent's rights
- report. (1) [Formerly 27-65-105 (1)] Emergency procedure may be
invoked under one of the following conditions:
(a) (I)
When any person appears to have a mental health disorder
and, as a result of such mental health disorder, appears to be an imminent
danger to others or to himself or herself
THE PERSON'S SELF or appears to be
gravely disabled, then an intervening professional as specified in subsection
(1)(a)(II) of this section OR CERTIFIED PEACE OFFICER, upon probable cause
and with such assistance as may be required, may take the person into
custody, or cause the person to be taken into custody, and placed in a
facility designated or approved by the executive director
COMMISSIONER for
a seventy-two-hour treatment and evaluation. If such a facility is not
available, the person may be taken to an emergency medical services
facility.
(I.5) When any person appears to have a mental health disorder and,
as a result of such mental health disorder, is in need of immediate
evaluation for treatment in order to prevent physical or psychiatric harm to
others or to himself or herself, then an intervening professional, as specified
in subsection (1)(a)(II) of this section, upon probable cause and with such
assistance as may be required, may immediately transport the person to an
outpatient mental health facility or other clinically appropriate facility
designated or approved by the executive director. If such a facility is not
available, the person may be taken to an emergency medical services
facility.
(II) The following persons may act as intervening professionals to
effect a seventy-two-hour hold, as provided in subsections (1)(a)(I) and
(1)(a)(I.5) of this section:
PAGE 14-HOUSE BILL 22-1256 (A) A certified peace officer;
(B) A professional person;
(C) A registered professional nurse as defined in section 12-255-104
(11) who by reason of postgraduate education and additional nursing
preparation has gained knowledge, judgment, and skill in psychiatric or
mental health nursing;
(D) A licensed marriage and family therapist, licensed professional
counselor, or addiction counselor licensed under part 5, 6, or 8 of article
245 of title 12 who, by reason of postgraduate education and additional
preparation, has gained knowledge, judgment, and skill in psychiatric or
clinical mental health therapy, forensic psychotherapy, or the evaluation of
mental health disorders; or
(E) A licensed clinical social worker licensed under the provisions
of part 4 of article 245 of title 12.
(b) Upon an affidavit sworn to or affirmed before a judge that
relates sufficient facts to establish 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 others or to himself or herself
THE PERSON'S SELF or
appears to be gravely disabled, the court may order the person described in
the affidavit to be taken into custody and placed in a facility designated or
approved by the executive director
COMMISSIONER for a seventy-two-hour
treatment and evaluation. Whenever in this article 65 a facility is to be
designated or approved by the executive director
COMMISSIONER, hospitals,
if available, must be approved or designated in each county before other
facilities are approved or designated. Whenever in this article 65 a facility
is to be designated or approved by the executive director
COMMISSIONER as
a facility for a stated purpose and the facility to be designated or approved
is a private facility, the consent of the private facility to the enforcement of
standards set by the executive director
COMMISSIONER is a prerequisite to
the designation or approval.
(c) Upon an affidavit sworn to or affirmed before a judge that relates
sufficient facts to establish that a person appears to have a mental health
disorder and, as a result of the mental health disorder, is in need of
immediate evaluation for treatment to prevent physical or psychiatric harm
PAGE 15-HOUSE BILL 22-1256 to others or to himself or herself, the court may order the person described
in the affidavit to be transported to an outpatient mental health facility or
other clinically appropriate facility designated or approved by the executive
director.
(c) (d) [Formerly 27-65-106 (2)] Any individual may petition the
court in the county in which the respondent resides or is physically present
alleging that there is a person who appears to have a mental health disorder
and, as a result of the mental health disorder, appears to be a danger to
others or to himself or herself
THE PERSON'S SELF or appears to be gravely
disabled and requesting an evaluation of the person's condition.
(2) [Formerly 27-65-105 (2)] When a person is taken into custody
pursuant to subsection (1) of this section, he or she 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.
(3) [Formerly 27-65-105 (3)] When a person is taken into
emergency custody by an intervening professional
OR CERTIFIED PEACE
OFFICER
pursuant to subsection (1) of this section and is presented to an
emergency medical services facility or a facility that is designated or
approved by the executive director
COMMISSIONER, the facility shall require
an 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 from
the intervening professional's
OR CERTIFIED PEACE OFFICER'S personal
observations or obtained from others whom he or she
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 others or to
himself or herself
THE PERSON'S SELF, is gravely disabled, or is in need of
immediate evaluation for treatment. The application must indicate when the
person was taken into custody and who brought the person's condition to the
attention of the intervening 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 the provisions of
section 27-65-121 (4) SECTION 27-65-123 (4).
(4) (a) [Formerly 27-65-106 (3)] The petition for a court-ordered
evaluation must contain the following:
PAGE 16-HOUSE BILL 22-1256 (a) (I) The name and address of the petitioner and his or her THE
PETITIONER
'S interest in the case;
(b)
(II) The name of the person for whom evaluation is sought who
shall be IS designated as the respondent, and, if known to the petitioner, the
address, age, sex, marital status, and occupation of the respondent;
(c) (III) Allegations of fact indicating that the respondent may have
a mental health disorder and, as a result of the mental health disorder, be a
danger to others or to himself or herself
THE RESPONDENT'S SELF or be
gravely disabled and showing reasonable grounds to warrant an evaluation;
(d) (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;
(e)
(V) The name, address, and telephone number of the attorney, if
any, who has most recently represented the respondent. If there is no
attorney, there shall be a statement as to whether, to the best knowledge of
the petitioner, the respondent meets the criteria established by the legal aid
agency operating in the county or city and county for it to represent a client.
(b) [Formerly 27-65-106 (4)] Upon receipt of a petition satisfying
the requirements of subsection (3)
SUBSECTION (4)(a) of this section, the
court shall designate a facility, approved by the executive director
COMMISSIONER, or a AN INTERVENING professional, person, OR A CERTIFIED
PEACE OFFICER
to provide screening of the respondent to determine whether
there is probable cause to believe the allegations.
(c) [Formerly 27-65-106 (5)] Following screening, the facility, orINTERVENING professional, person, OR CERTIFIED PEACE OFFICER designated
by the court shall file his or her A report with the court. The report must
include a recommendation as to whether there is probable cause to believe
that the respondent has a mental health disorder and, as a result of the
mental health disorder, is a danger to others or to himself or herself
THE
RESPONDENT
'S SELF or is 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 27-65-121
SECTION 27-65-123 and must be
furnished to the respondent or his or her THE RESPONDENT'S attorney or
PAGE 17-HOUSE BILL 22-1256 personal representative.
(d) [Formerly 27-65-106 (6)] 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 others
or to himself or herself
THE RESPONDENT'S SELF or is gravely disabled and
that efforts have been made to secure the cooperation of the respondent,
who has refused or failed to accept evaluation voluntarily, the court shall
issue an order for evaluation authorizing a certified peace officer
OR SECURE
TRANSPORTATION PROVIDER
to take the respondent into custody and place
him or her TRANSPORT THE RESPONDENT in TO a facility designated by the
executive director COMMISSIONER for seventy-two-hour treatment and
evaluation. At the time of taking the respondent into custody, a copy of the
petition and the order for evaluation must be given to the respondent and
promptly thereafter to any one person designated by the respondent and to
the person in charge of the seventy-two-hour treatment and evaluation
facility named in the order or his or her
THE PERSON'S designee.
(5) [Formerly 27-65-105 (4)] If the seventy-two-hour treatment and
evaluation facility admits the person, it may detain him or her THE PERSON
for evaluation and treatment for a period not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays if evaluation and treatment services are not available on those days. For the purposes of this subsection
(4) SUBSECTION (5), evaluation and treatment services are not deemed to be
available merely because a professional person is on call during weekends
or holidays. If, in the opinion of the professional person in charge of the
evaluation, the person can be properly cared for without being detained, he
or she THE PERSON shall be provided services on a voluntary basis.
(6) [Formerly 27-65-105 (5)] Each person admitted to a
seventy-two-hour treatment and evaluation facility under the provisions of
this article
ARTICLE 65 shall receive an evaluation as soon as possible after
he or she THE PERSON is admitted and shall receive such treatment and care
as his or her THE PERSON'S condition requires for the full period that he or
she THE PERSON is held. The person shall MUST be released before
seventy-two hours have elapsed if, in the opinion of the professional person
in charge of the evaluation, the person no longer requires evaluation or
treatment. Persons who have been detained for seventy-two-hour evaluation
and treatment shall be released, referred for further care and treatment on
PAGE 18-HOUSE BILL 22-1256 a voluntary basis, or certified for treatment pursuant to section 27-65-107
SECTION 27-65-109.
(7) to (8) Reserved.
(9) [Formerly 27-65-105 (7)] (a) On or before July 1, 2019, and
each July 1 thereafter, each emergency medical services facility that has
treated a person pursuant to this section shall provide an annual report to the
department
BHA that includes only aggregate DISAGGREGATED and
nonidentifying information concerning persons who were treated at an
emergency medical services facility pursuant to this section. The report
must comply with the provisions of
section 24-1-136 (9) and is exempt from
the provisions of 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 aggregated
DISAGGREGATED and provided
to the department BHA pursuant to this subsection (7) 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 the collection of data to accomplish
the requirements of this subsection (7)
SUBSECTION (9), the department
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
PAGE 19-HOUSE BILL 22-1256 professional, or employee of a health-care facility.
(II) Subsection (7)(b)(I) 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 (7)(a)
SUBSECTION (9)(a) of this section.
27-65-107. Emergency transportation - application - screening
- respondent's rights. (1) (a) W
HEN A CERTIFIED PEACE OFFICER OR
EMERGENCY MEDICAL SERVICES PROVIDER HAS PROBABLE CAUSE TO
BELIEVE A PERSON IS EXPERIENCING A BEHAVIORAL HEALTH CRISIS OR IS
GRAVELY DISABLED AND
, AS A RESULT , WITHOUT PROFESSIONAL
INTERVENTION THE PERSON MAY BE A DANGER TO THE PERSON
'S SELF OR
OTHERS
, THEN 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 OR OTHER CLINICALLY
APPROPRIATE FACILITY DESIGNATED BY THE COMMISSIONER
. IF SUCH A
SERVICE IS NOT AVAILABLE
, THE PERSON MAY BE TAKEN TO AN EMERGENCY
MEDICAL SERVICES FACILITY
.
(b) A
N INDIVIDUAL 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
INDIVIDUAL DOES NOT MEET THE CRITERIA FOR AN EMERGENCY MENTAL
HEALTH HOLD PURSUANT TO SECTION
27-65-106.
(c) I
F A BEHAVIORAL HEATH 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 TRANSPORTING AN INDIVIDUAL
INVOLUNTARILY PURSUANT TO THIS SUBSECTION
(1).
(2) W
HEN 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
PAGE 20-HOUSE BILL 22-1256 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 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) O
NCE 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 EMERGENCY MENTAL HEALTH HOLD PURSUANT TO SECTION
27-65-106. ONCE THE SCREENING IS COMPLETED 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.
(4) (a) A
PERSON DETAINED PURSUANT TO THIS SECTION AT AN
OUTPATIENT MENTAL HEALTH FACILITY OR FACILITY DESIGNATED BY THE
COMMISSIONER
, HAS THE FOLLOWING RIGHTS WHILE BEING DETAINED, WHICH
MUST BE EXPLAINED TO THE PERSON BEFORE BEING TRANSPORTED TO A
RECEIVING FACILITY
:
(I) T
O 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
PAGE 21-HOUSE BILL 22-1256 DECISION TO REFUSE CARE AND THE PROVIDER DETERMINES THAT FURTHER
CARE IS INDICATED
.
(II) T
O 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) T
O 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) T
O 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;
(V) T
O 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
;
(VI) T
O 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
PAGE 22-HOUSE BILL 22-1256 BEHAVIORAL HEALTH ACCESS TO CARE ESTABLISHED PURSUANT TO PART 3
OF ARTICLE 80 OF 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 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.
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
27-65-109,
27-65-110,
OR 27-65-111. THE BHA MAY PROVIDE CARE COORDINATION
SERVICES TO SUPPORT A PERSON WHOSE CERTIFICATION IS TERMINATED BUT
WHO IS IN NEED OF ONGOING TREATMENT AND SERVICES
.
(2) T
HE BHA SHALL, DIRECTLY OR THROUGH CONTRACT , PROVIDE
CARE COORDINATION SERVICES TO A PERSON CERTIFIED PURSUANT TO
SECTION
27-65-109, 27-65-110, OR 27-65-111 AND DETERMINED BY THE
DESIGNATED FACILITY AND THE
BHA TO NEED CARE COORDINATION
SERVICES
.
27-65-109. Certification for short-term treatment - procedure.
(1) [Formerly 27-65-107 (1)] If a person detained for seventy-two hours
pursuant to the provisions of section 27-65-105 or a respondent under court
order for evaluation pursuant to section 27-65-106 has received an
evaluation, he or she THE PERSON may be certified for not more than three
months of FOR short-term treatment under the following conditions:
(a) The professional staff of the agency or facility providing
seventy-two-hour treatment and evaluation has analyzed the person's
condition and has found the person has a mental health disorder and, as a
result of the mental health disorder, is a danger to others or to himself or
herself THE PERSON'S SELF or is gravely disabled;
PAGE 23-HOUSE BILL 22-1256 (b) The person has been advised of the availability of, but has not
accepted, voluntary treatment; but, if reasonable grounds exist to believe
that the person will not remain in a voluntary treatment program, his or her
THE PERSON'S acceptance of voluntary treatment shall DOES not preclude
certification;
AND
(c) The facility which
THAT will provide short-term treatment has
been designated or approved by the executive director COMMISSIONER to
provide such treatment.
(2) [Formerly 27-65-107 (2)] The notice of certification must be
signed by a professional person on the staff of the evaluation facility who
participated in the evaluation and must:
(a) State facts sufficient to establish reasonable grounds to believe
that the person has a mental health disorder and, as a result of the mental
health disorder, is a danger to others or to himself or herself
THE PERSON'S
SELF
or is gravely disabled; The certification must
(b) Be filed with the court within forty-eight hours, excluding
Saturdays, Sundays, and court holidays, of the date of certification; The
certification must AND
(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.
(3) [Formerly 27-65-107 (3)] Within twenty-four hours of
AFTER
certification, copies of the certification shall MUST be personally delivered
to the respondent, and a copy shall MUST be kept by the evaluation facility
as part of the person's RESPONDENT'S record. The respondent shall MUST
also be asked to designate one other person whom he or she THE
RESPONDENT
wishes informed regarding certification. If he or she
THE
RESPONDENT
is incapable of making such a designation at the time the
certification is delivered, he or she
shall THE RESPONDENT MUST be asked
to designate such person as soon as he or she THE RESPONDENT is capable.
In addition to the copy of the certification, the respondent shall MUST be
given a written notice that a hearing upon his or her 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
PAGE 24-HOUSE BILL 22-1256 section.
(4) [Formerly 27-65-107 (4)] Upon certification of the respondent,
the facility designated for short-term treatment shall have HAS custody of
the respondent.
(5) [Formerly 27-65-107 (5)] Whenever a certification is filed with
the court
BY A PROFESSIONAL PERSON, the court if it has not already done so
under section 27-65-106 (10), shall forthwith IMMEDIATELY appoint an
attorney to represent the respondent. The court shall determine whether the
respondent is able to afford an attorney. If the respondent cannot afford
counsel, the court shall appoint either counsel from the legal services
program operating in that jurisdiction or private counsel 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 shall
MUST be provided
with a copy of the certification immediately upon his or her THE
ATTORNEY
'S appointment. Waiver of counsel must be
knowingly and
intelligently made in writing and filed with the court by the respondent. In
the event that a respondent who is able to afford an attorney fails to pay the
appointed counsel, such counsel, upon application to the court and after
appropriate notice and hearing, may obtain a judgment for reasonable
attorney fees against the respondent or person making request for such
counsel or both the respondent and such person THE RESPONDENT MAY
ONLY WAIVE COUNSEL WHEN THE RESPONDENT MAKES A KNOWING AND
INTELLIGENT WAIVER IN FRONT OF THE COURT
.
(6) [Formerly 27-65-107 (6)] The respondent for short-term
treatment or his or her 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 his
or her THE RESPONDENT'S attorney and the certifying and treating
professional person of the time and place thereof. The hearing shall MUST
be held in accordance with section 27-65-111 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, subject to available appropriations.
PAGE 25-HOUSE BILL 22-1256 (7) [Formerly 27-65-107 (7)] Records and papers in proceedings
under this section and section 27-65-108 shall MUST be maintained
separately by the clerks of the several courts. Upon the release of any
respondent in accordance with the provisions of section 27-65-110
SECTION
27-65-112, the facility shall notify the clerk of the court within five days of
AFTER the release, and the clerk shall forthwith seal the record in the case
and omit the name of the respondent from the index of cases in such THE
court until and unless the respondent becomes subject to an order of long-term care and treatment pursuant to section 27-65-109
SECTION
27-65-110 or until and unless the court orders them opened for good cause shown. In the event a petition is filed pursuant to section 27-65-109, such
SECTION 27-65-110, THE certification record may be opened and become a
part of the record in the long-term care and treatment case and the name of
the respondent indexed.
(8) [Formerly 27-65-107 (8)] Whenever it appears to the court, by
reason of a report by the treating professional person or any other report
satisfactory to the court, that a respondent detained for evaluation and
treatment or certified for 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 as defined in section
25-3.5-103 (11.4) PROVIDER, or a sheriff, LAW ENFORCEMENT AGENCY , the
court may issue an order directing the sheriff or the sheriff's designee, LAW
ENFORCEMENT AGENCY WHERE THE RESPONDENT RESIDES
to deliver the
respondent to the designated facility.
(9) 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 RESP ONDENT
, 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
PAGE 26-HOUSE BILL 22-1256 ACCEPTING THE RESPONDENT AT LEAST TWENTY -FOUR HOURS PRIOR TO THE
TRANSFER
.
(10) [Formerly 27-65-108] If the professional person in charge of
the evaluation and treatment believes that a period longer than three months
is necessary for treatment of the respondent, he or she
THE PROFESSIONAL
PERSON
shall file with the court an extended certification. No
Extended
certification for treatment shall be IS NOT for a period of more than three
months. The respondent shall be IS entitled to a hearing on the extended
certification under the same conditions as in an original certification. The
attorney initially representing the respondent shall continue to represent that
person THE RESPONDENT, unless the court appoints another attorney.
27-65-110. Long-term care and treatment of persons with
mental health disorders - procedure. (1) [Formerly 27-65-109
(1)] Whenever a respondent has received short-term treatment for five
consecutive months pursuant to the provisions of sections 27-65-107 and
27-65-108 AN EXTENDED CERTIFICATION FOR TREATMENT PURSUANT
SECTION
27-65-109 (10), the professional person in charge of the evaluationand treatment 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 has a mental health disorder and, as a result of the
mental health disorder, is a danger to others or to himself or herself
THE
RESPONDENT
'S SELF OR OTHERS or is gravely disabled;
(b) The respondent has been advised of the availability of, but has
not accepted, voluntary treatment; but, if reasonable grounds exist to believe
that the respondent will not remain in a voluntary treatment program, his or
her THE RESPONDENT'S acceptance of voluntary treatment shall DOES not
preclude an order pursuant to this section;
AND
(c) The facility that will provide long-term care and treatment has
been designated or approved by the executive director
BY THE
COMMISSIONER
to provide the care and treatment.
PAGE 27-HOUSE BILL 22-1256 (2) [Formerly 27-65-109 (2)] Every petition for long-term care and
treatment shall MUST include a request for a hearing before the court prior
to the expiration of six months from AFTER the date of original certification
AND PROVIDE A RECOMME NDATION 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 shall
MUST be delivered
personally to the respondent for whom long-term care and treatment is
sought and mailed to his or her ELECTRONICALLY DELIVERED TO THE
RESPONDENT
'S attorney of record simultaneously with the filing. thereof.
(3) [Formerly 27-65-109 (3)] Within ten days after receipt of the
petition, the respondent or his or her THE RESPONDENT'S attorney may
request
A HEARING BEFORE THE COURT OR a jury trial by filing a written
request therefor
with the court.
(4) [Formerly 27-65-109 (4)] The court or jury shall determine
whether the conditions of subsection (1) of this section are met and whether
the respondent has a mental health disorder and, as a result of the mental
health disorder, is a danger to others or to himself or herself
THE
RESPONDENT
'S SELF OR OTHERS or is gravely disabled. The court shall
thereupon
issue an order of long-term care and treatment for a term not to
exceed six months, or it shall discharge the respondent for whom long-term
care and treatment was sought, or it shall enter any other appropriate order.
subject to available appropriations. An order for long-term care and
treatment must grant custody of the respondent to the department BHA for
placement with an agency or facility designated by the executive director
COMMISSIONER to provide long-term care and 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, by reason thereof
AS
A RESULT
, the person
RESPONDENT is unable to competently exercise said
THE SPECIFIC LEGAL right or perform the function as to 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.
PAGE 28-HOUSE BILL 22-1256 (5) [Formerly 27-65-109 (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 simultaneously mailed to his or her
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 his or her
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, it
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 others or to himself or herself
THE
RESPONDENT
'S SELF or is 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 RESP ONDENT
, 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
.
27-65-111. Certification on an outpatient basis - short-term and
long-term care. (1) A
NY RESPONDENT CERTIFIED PURS UANT TO SECTION
PAGE 29-HOUSE BILL 22-1256 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) I
NTENSIVE CASE MANAGEMENT ;
(b) A
SSERTIVE COMMUNITY TREATMENT ;
(c) P
EER RECOVERY SERVICES;
(d) I
NDIVIDUAL OR GROUP THERAPY ;
(e) D
AY OR PARTIAL-DAY PROGRAMMING ACTIVITIES ;
(f) I
NTENSIVE OUTPATIENT PROGRAMS ;
(g) E
DUCATIONAL AND VOCATIONAL TRAINING OR ACTIVITIES ; AND
(h) HOUSING AND TRANSPORTATION ASSISTANCE .
(2) T
HE 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) T
HE 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 RESP ONDENT
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
PAGE 30-HOUSE BILL 22-1256 WITH THE BHA AND THE PROVIDER HOLDING THE CERTIFICATION . THE
RESPONDENT DOES NOT NEED TO BE IMMINENTLY DANGEROUS TO THE
RESPONDENT
'S SELF OR 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) I
F 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) I
N 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) H
AS BEEN TERMINATED FROM CERTIFICATION DESPITE MEETING
STATUTORY CRITERIA FOR CERTIFICATION PURSUANT TO SECTION
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 SHORT -TERM OR LONG-TERM
CERTIFICATION ON AN OUTPATIENT BASIS HAS THE FOLLOWING RIGHTS
, IN
ADDITION TO THOSE ENUMERATED IN SECTION
27-65-119:
(a) T
O 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
PAGE 31-HOUSE BILL 22-1256 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
.
(b) T
O 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) T
O 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) T
O 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) T
O RETAIN AND CONSULT WITH AN ATTORNEY AT ANY TIME ;
(f) W
ITHIN 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) T
O 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) T
O HAVE THE RESPONDENT 'S INFORMATION AND RECORDS
DISCLOSED TO ADULT FAMILY MEMBERS AND A LAY PERSON PURSUANT TO
SECTION
27-65-123;
(i) T
O HAVE ACCESS TO A REPRESENTATIVE WITHIN THE FACILITY
WHO PROVIDES ASSISTANCE TO FILE A GRIEVANCE
; AND
PAGE 32-HOUSE BILL 22-1256 (j) TO HAVE THE RIGHT TO FILE A MOTION WITH THE COURT AT ANY
TIME TO CONTEST THE CERTIFICATION
.
27-65-112. [Formerly 27-65-110] Termination of short-term and
long-term treatment - escape. (1) An original
OR EXTENDED certification
for short-term treatment under section 27-65-107, or an extended
certification under section 27-65-108 or an order for long-term care and
treatment or any extension thereof shall terminate TERMINATES as soon as,
in the opinion of the professional person in charge of treatment of the
respondent, the respondent has received sufficient benefit from such
treatment for him or her
THE RESPONDENT to leave. Whenever a certification
or extended certification is terminated under PURSUANT TO this section, the
professional person in charge of providing treatment shall so notify the
court in writing within five days of AFTER such termination. Such THE
professional person may also prescribe day care, night care, or any other similar mode of treatment prior to termination.
(2) Before termination, an escaped respondent may be returned to
the facility by order of the court without a hearing or by the superintendent
or director of such
THE facility without order of court. After termination, a
respondent may be returned to the institution FACILITY only in accordance
with the provisions of this article ARTICLE 65.
27-65-113. [Formerly 27-65-111] Hearing procedures -
jurisdiction. (1) Hearings before the court pursuant to section 27-65-107,
27-65-108, or 27-65-109 SECTION 27-65-109 OR 27-65-110 are conducted
in the same manner as other civil proceedings before the court. The burden
of proof is on the person or facility seeking to detain the respondent. The
court or jury shall determine that the respondent is in need of care and
treatment only if the court or jury finds by clear and convincing evidence
that the person
RESPONDENT has a mental health disorder and, as a result of
the mental health disorder, is a danger to others or to himself or herself THE
RESPONDENT
'S SELF OR OTHERS or is gravely disabled.
(2) The court, after consultation with respondent's counsel to obtain
counsel's recommendations, may appoint a professional person to examine
the respondent for whom short-term treatment or long-term care and
treatment is sought and to testify at the hearing before the court as to the
results of his or her
THE PROFESSIONAL PERSON 'S examination. The
court-appointed professional person shall act solely in an advisory capacity,
PAGE 33-HOUSE BILL 22-1256 and no presumption shall attach to his or her IS ATTACHED TO THE
PROFESSIONAL PERSON
'S findings.
(3) Every respondent subject to an order for short-term treatment or
long-term care and treatment shall
MUST be advised of his or her THE
RESPONDENT
'S right to appeal the order by the court at the conclusion of any
hearing
AND, as a result, of which such an
THE order may be entered.
(4) The court in which the petition is filed under section 27-65-106
or the certification is filed under section 27-65-107 shall be PURSUANT TO
SECTION
27-65-109 IS the court of original jurisdiction and of continuing
jurisdiction for any further proceedings under this article
PURSUANT TO THIS
ARTICLE
65. 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 shall be
IS the court of continuing
jurisdiction.
(5) (a) In the event that a respondent or a person found not guilty by
reason of impaired mental condition pursuant to section 16-8-103.5 (5),
C.R.S.,
or by reason of insanity pursuant to section 16-8-105 (4) or
16-8-105.5, C.R.S., refuses to accept medication, the court having
jurisdiction of the action pursuant to subsection (4) of this section, the court
committing the person or defendant to the custody of the department
BHA
pursuant to section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, C.R.S., or
the court of the jurisdiction in which the designated facility treating the
respondent or person is located shall have
HAS jurisdiction and venue to
accept a petition by a treating physician and to enter an order requiring that
the respondent or person accept such treatment or, in the alternative, that the
medication be forcibly administered to him or her
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
BHA. Upon the
filing of such a 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 under paragraph (a) of this subsection (5)
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION in a court for the county
in which the treating facility is located, the county where the proceeding
PAGE 34-HOUSE BILL 22-1256 was initiated pursuant to subsection (4) of this section or the court
committing the person to the custody of the department BHA pursuant to
section 16-8-103.5 (5), 16-8-105 (4), or 16-8-105.5, C.R.S., shall either
reimburse the county in which the proceeding pursuant to this subsection
(5) 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.
(c) In the case of a defendant who is found incompetent to proceed
pursuant to section 16-8.5-103 C.R.S.,
and who refuses to accept
medication, the jurisdiction for the petition for involuntary treatment
procedures shall be
IS as set forth in section 16-8.5-112. C.R.S.
(6) All ADVERSARIAL proceedings under this article PURSUANT TO
THIS ARTICLE
65, including proceedings to impose a legal disability pursuant
to section 27-65-127, shall
MUST be conducted by the district attorney of the
county where the proceeding is held or by a qualified attorney acting for the
district attorney appointed by the district court for that purpose; except that,
in any county or in any city and county having a population exceeding fifty
thousand persons, the proceedings shall
MUST be conducted by the county
attorney or by a qualified attorney acting for the county attorney appointed
by the district court. 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.
(7) Upon request of a
LEGAL guardian appointed pursuant to article
14 of title 15, C.R.S.,
the LEGAL guardian may intervene in any proceeding
under this article BROUGHT PURSUANT TO THIS ARTICLE 65 concerning his
or her 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.
(8) A
LAY PERSON MAY SUBMIT AN AFFIDAVIT TO THE COURT
CONCERNING THE LAY PERSON
'S RELATIONSHIP TO THE RESPONDENT , HOW
PAGE 35-HOUSE BILL 22-1256 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.
27-65-114. [Formerly 27-65-112] Appeals. Appellate review of any
order of short-term treatment or long-term care and treatment may be had
as provided in the Colorado appellate rules. Such AN appeal shall MUST be
advanced upon the calendar of the appellate court and shall MUST be
decided at the earliest practicable time. Pending disposition by the appellate
court, it
THE COURT may make such order as it THE COURT may consider
proper in the premises relating to the care and custody of the respondent.
27-65-115. [Formerly 27-65-113] Habeas corpus. Any person
detained pursuant to this article shall be 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.
27-65-116. [Formerly 27-65-114] 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 shall
be IS deemed to have been restored to legal capacity and competency.
27-65-117. [Formerly 27-65-115] Discrimination - definition. No
person who has received
AN evaluation or treatment under any provisions
of this article shall be PURSUANT TO THIS ARTICLE 65 MAY BE discriminated
against because of such status 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 shall have
HAS a civil cause of action.
27-65-118. [Formerly 27-65-116] Right to treatment - rules.
(1) (a) Any person receiving
AN evaluation or treatment under any of the
provisions of this article PURSUANT TO THIS ARTICLE 65 is entitled to
medical and psychiatric care and treatment, with regard to services listed in
section 27-66-101 and services listed in rules authorized by section
27-66-102, suited to meet his or her
THE PERSON'S individual needs,
delivered in such a way as to keep him or her THE PERSON in the least
restrictive environment, and delivered in such a way as to include the
PAGE 36-HOUSE BILL 22-1256 opportunity for participation of family members in his or her THE PERSON'S
program of care and treatment, when appropriate. all subject to available
appropriations. Nothing in this paragraph (a) shall create SUBSECTION (1)(a)
CREATES any right with respect 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 such
THE person, and
such THE records shall MUST be made available, upon that THE person's
written authorization, to his or her THE PERSON'S attorney or his or her THE
PERSON
'S personal physician. Such
THE records shall be ARE permanent
records and
MUST BE retained in accordance with the provisions of section27-65-121 (4) SECTION 27-65-123 (4).
(b) Any person receiving
AN evaluation or treatment under any of
the provisions of this article is entitled to PURSUANT TO THIS ARTICLE 65
MAY petition the court pursuant to the provisions of section 13-45-102,
C.R.S., subject to available appropriations, 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 is
ARE not
administered.
(2) The department BHA shall adopt regulations PROMULGATE
RULES
to assure that each agency or facility providing AN evaluation, care,
or treatment shall require
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, shall be
IS determined by rules of the department 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 department
RULES OF THE BHA with
regard to clinical investigations, research, experimentation, and testing of
any kind; and
PAGE 37-HOUSE BILL 22-1256 (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
27-65-121 (1)(g) or (1)(h) SECTION 27-65-123 (1)(g) OR (1)(h) and
documentation of any information given to a family member
OR LAY
PERSON
.
27-65-119. [Formerly 27-65-117] Rights of persons receiving care
or treatment. (1) Each person receiving evaluation, care, or treatment
under
PURSUANT TO any provision of this article ARTICLE 65 has the
following rights and shall be advised of such rights by the facility:
(a) To receive and send sealed correspondence. No incoming or
outgoing correspondence shall be opened, delayed, held, or censored by the
personnel of the facility.
(b) To have access to letter-writing materials, including postage, and
to have staff members of the facility assist him or her
THE PERSON if THE
PERSON IS
unable to write, prepare, and mail correspondence;
(c) To have ready access to telephones, both to make and to receive
calls in privacy;
(d) To have frequent and convenient opportunities to meet with
visitors. Each person may see his or her
THE PERSON'S attorney, clergyman,
CLERGYPERSON, or physician at any time.
(e) To wear his or her THE PERSON'S own clothes, keep and use his
or her THE PERSON'S own personal possessions, and keep and be allowed to
spend a reasonable sum of his or her THE PERSON'S own money.
(2) A person's rights under subsection (1) of this section may be
denied for good cause only by the professional person providing treatment.
Denial of any right shall
MUST in all cases be entered into the person's
treatment record. Information pertaining to a denial of rights contained in
the person's treatment record shall
MUST be made available, upon request,
to the person, or his or her THE PERSON'S attorney.
(3) No person admitted to or in a facility shall be fingerprinted
unless required by other provisions of law.
PAGE 38-HOUSE BILL 22-1256 (4) A person may be photographed upon admission for identification
and the administrative purposes of the facility. The photographs shall be
ARE confidential and shall MUST not be released by the facility except
pursuant to court order. No other nonmedical photographs shall MAY be
taken or used without appropriate consent or authorization.
(5) Any person receiving evaluation or treatment under PURSUANT
TO
any of the provisions of this article
ARTICLE 65 is entitled to a written
copy of all his or her THE PERSON'S rights enumerated in this section, and a
minor child shall receive written notice of his or her THE MINOR'S rights as
provided in section 27-65-103 (7)(g) SECTION 27-65-104 (6)(g). A list of
such rights shall MUST be prominently posted in all evaluation and treatment
facilities.
27-65-120. [Formerly 27-65-118] Administration or monitoring
of medications to persons receiving treatment. The executive director
COMMISSIONER has the power to direct the administration or monitoring of
medications in conformity with part 3 of article 1.5 of title 25 C.R.S., to
persons receiving treatment in facilities created DESIGNATED pursuant to
this article ARTICLE 65.
27-65-121. [Formerly 27-65-119] Employment of persons in a
facility - rules. The department BHA shall adopt rules governing the
employment and compensation therefor of FOR THE ADMINISTRATION OF
CARE OR TREATMENT TO
persons receiving care or treatment under anyprovision of this article PURSUANT TO THIS ARTICLE 65. The department
BHA shall establish standards for reasonable compensation for such
employment.
27-65-122. [Formerly 27-65-120] Voting in public elections. Any
person receiving evaluation, care, or treatment under PURSUANT TO this
article shall ARTICLE 65 MUST be given the opportunity to exercise his or her
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
such persons
THE PERSON, upon their THE PERSON'S request, to obtain voter
registration forms and mail ballots and to comply with any other
prerequisite for voting.
27-65-123. [Formerly 27-65-121] Records. (1) Except as provided
in subsection (2) of this section, all information obtained and records
PAGE 39-HOUSE BILL 22-1256 prepared in the course of providing any services pursuant to this article 65
to individuals 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 professional personnel 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 his or her
THE WARD'S OR CONSERVATEE'S guardian
or conservator designates, in writing, persons to whom records or
information may be disclosed, the designation shall be
IS valid in lieu of the
designation by the recipient; except that nothing in this section shall be
construed to compel COMPELS a physician, psychologist, social worker,
nurse, attorney, or other professional personnel to reveal information that
has been given to him or her
THE PERSON in confidence by members of a
patient's family or other informants;
(c) To the extent necessary to make claims on behalf of a recipient
of aid, insurance, or medical assistance to which he or she THE RECIPIENT
may be entitled;
(d) If the department BHA has promulgated rules for the conduct of
research. Such rules shall MUST include, but ARE not be 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, shall
MUST not
be disclosed for research purposes.
(e) To the courts, as necessary to FOR the administration of the
provisions of this article 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 adult
family members upon admission of a person with a
mental health disorder for inpatient or residential care and treatment. The
PAGE 40-HOUSE BILL 22-1256 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 27-65-122
SECTION 27-65-124 and
is subject to review pursuant to section 27-65-122 SECTION 27-65-124.
(h) To adult 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 27-65-122 (2)
SECTION 27-65-124 (2) and is subject to review pursuant to section
27-65-122 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 paragraph (g) or (h) of subsection (1)
SUBSECTION
(1)(g) OR (1)(h) of this section shall be deemed to preclude PRECLUDES the
release of information to a parent concerning his or her THE PARENT'S minor
child.
(3) (a) Nothing in this article shall be construed as rendering
ARTICLE 65 RENDERS privileged or confidential any information, except
written medical records and information that is privileged under PURSUANT
TO
section 13-90-107, C.R.S.,
concerning observed behavior that constitutes
a criminal offense committed upon the premises of any facility providing
services under this article
PURSUANT TO THIS ARTICLE 65 or any criminal
offense committed against any person while performing or receiving
services under this article PURSUANT TO THIS ARTICLE 65.
(b) The provisions of Subsection (1) of this section shall DOES not
apply to physicians or psychologists eligible to testify concerning a criminal
defendant's mental condition pursuant to section 16-8-103.6. C.R.S.
PAGE 41-HOUSE BILL 22-1256 (4) (a) All facilities shall maintain and retain permanent records,
including all applications as required pursuant to section 27-65-105 (3)
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 shall be construed to prohibit or limit
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. C.R.S.
27-65-124. [Formerly 27-65-122] 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
27-65-121 (1)(g) SECTION 27-65-123 (1)(g), the treating professional person
or his or her 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 his or her
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 27-65-121 (1)(g)
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,
PAGE 42-HOUSE BILL 22-1256 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 27-65-121 (1)(h)
SECTION 27-65-123 (1)(h) concerning a person
with a mental health disorder, the treating professional person or his or her
THE PROFESSIONAL PERSON'S designee, shall determine whether the person
with a mental health disorder is capable of making a rational decision in
weighing his or her
THE PERSON'S confidentiality interests and the care and
treatment interests implicated by the release of information. The treating
professional person or his or her
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 his or her
THE
PROFESSIONAL PERSON
'S designee makes a finding that the person with a
mental health disorder is capable of making a rational decision concerning
his or her
THE PERSON'S interests and the person with a mental health
disorder consents to the release of information, the treating professional
person or his or her
THE PROFESSIONAL PERSON'S designee shall order the
release of the information unless he or she 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.
(II) If the treating professional person or his or her
THE
PROFESSIONAL PERSON
'S designee makes a finding that the person with a
mental health disorder is capable of making a rational decision concerning
his or her
THE PERSON'S interests and the person with a mental health
disorder objects to the release of information, the treating professional
person or his or her
THE PROFESSIONAL PERSON'S designee shall not order
the release of the information.
(III) If the treating professional person or his or her 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 his or her
THE PERSON'S interests, the treating professional
person or his or her THE PROFESSIONAL PERSON'S designee may order the
release of the information if he or she THE PROFESSIONAL PERSON OR THE
PAGE 43-HOUSE BILL 22-1256 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 his or her 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 his
or her 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 27-65-121 (1)(h)
SECTION 27-65-123 (1)(h).
(3) When administrative review is requested either pursuant to
subsection (1) or subsection (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
he or she
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 shall
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
his or her
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 opportunity to initiate the administrative
review process before information concerning his or her
THE PERSON'S care
PAGE 44-HOUSE BILL 22-1256 and treatment is released.
(5) A family member whose request for information is denied shall
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
27-65-121 (1)(h) 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 his or her
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 his or her
THE PROFESSIONAL PERSON'S designee shall
not release information requested pursuant to section 27-65-121 (1)(h)
SECTION 27-65-123 (1)(h) until five days after the determination upon
administrative review of the director or his or her 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 his or her
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 him or her
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
shall not be
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.
PAGE 45-HOUSE BILL 22-1256 27-65-125. [Formerly 27-65-123] Treatment in federal facilities.
(1) If a person is certified under the provisions of this article 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 said
THE agency
showing that facilities are available and that the person is eligible for care
or treatment therein,
is received, the court may order him or her 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 without
OUTSIDE this
state, the person shall be IS subject to the rules and regulations of the
agency. The chief officer of any hospital or institution operated by an
agency and
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 shall be
IS retained
in the appropriate courts of this state to inquire into the mental condition of
persons
A PERSON so hospitalized and to determine the necessity for
continuance of their 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 shall have
HAS the same effect as to said
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 shall be deemed to have retained
RETAIN jurisdiction of the person so
hospitalized for the purpose of inquiring into his or her THE PERSON'S
mental condition and of FOR determining the necessity for continuance of
his or her THE PERSON'S hospitalization. Consent is hereby 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, to
transfer, to conditionally release, or
to discharge the person hospitalized.
27-65-126. [Formerly 27-65-124] Transfer of persons into and
out of Colorado - reciprocal agreements. The transfer of persons A
PERSON
hospitalized voluntarily under the provisions of this articlePURSUANT TO THIS ARTICLE 65 out of Colorado or under the laws of another
jurisdiction into Colorado shall be ARE governed by the provisions of the
interstate compact on mental health.
PAGE 46-HOUSE BILL 22-1256 27-65-127. Imposition of legal disability - deprivation of legal
right - restoration - repeal. (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 himself or herself or
THE PERSON'S SELF OR others,
is gravely disabled, or is insane, as defined in section 16-8-101, 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 shall
MUST set forth the disability to be imposed or
the legal right to be deprived and the reasons. therefor.
(2) The court may impose a legal disability or may deprive a person
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 himself or herself 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) (a) B
EGINNING JANUARY 1, 2023, THE BHA SHALL PROVIDE
PERIODIC UPDATES TO THE ADVISORY BOARD RELATED TO THE
IMPLEMENTATION OF
HOUSE BILL 22-1256, INCLUDING UPDATES REGARDING
WHETHER THE
BHA WILL HAVE THE CAPABILITY AND CAPACITY TO ASSIST
EMERGENCY MEDICAL SERVICES FACILITIES THAT TREAT A PERSON UNDER AN
EMERGENCY MENTAL HEALTH HOLD FIND APPROPRIATE PLACEMENT
, WHEN
INDICATED
, FOR THE PERSON AT AN INPATIENT OR OUTPATIENT MENTAL
HEALTH FACILITY OR FACILITY DESIGNATED BY THE COMMISSIONER
.
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2025.
(3)
(4) To have a legal disability removed or a legal right restored,
any interested person may file a petition with the court which THAT made
the original finding. No legal disability shall MAY be imposed nor a legal
PAGE 47-HOUSE BILL 22-1256 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 shall
MUST be reaffirmed to justify
continuance of the disability or deprivation. A copy of the petition shall
MUST be served on the person who filed the original petition, on the person
whose rights are affected if he or she THE PERSON is not the petitioner, and
upon the facility where the person whose rights are affected resides, if any.
(4) (5) Whenever any proceedings are instituted or conducted
pursuant to this section, the following procedures shall apply:
(a) Upon the filing of a petition, the court shall appoint an
attorney-at-law ATTORNEY to represent the respondent. The respondent may
replace said THE attorney with an attorney of the respondent's own selection
CHOOSING at any time. Attorney fees for an indigent respondent shall be
ARE paid by the court.
(b) The court, upon request of an indigent respondent or his or her
THE RESPONDENT'S attorney, shall appoint, at the court's expense, one or
more professional persons of the respondent's selection CHOOSING to assist
the respondent in the preparation of his or her THE RESPONDENT'S case.
(c) Upon demand made at least five days prior to the date of hearing,
the respondent shall have HAS the right to a trial of all issues by a jury of
six.
(d) At all times the burden shall be 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 shall be
IS required prior to the
issuance of such THE order.
(f) Except as otherwise provided in this subsection (5), all
proceedings shall MUST be held in conformance with the Colorado rules of
PAGE 48-HOUSE BILL 22-1256 civil procedure, but no costs shall MAY be assessed against the respondent.
(5) Any person who, by reason of a judicial decree or order entered
by a court of this state prior to July 1, 1979, is under the imposition of a
legal disability or has been deprived of a legal right pursuant to this section
as it existed prior to July 1, 1979, shall be released from such decree or
order on December 31, 1979.
27-65-128. Administration - rules. The department BHA shall
make such PROMULGATE ANY rules as will AND DEVELOP AND DISTRIBUTE
ANY APPLICATIONS OR FORMS NECESSARY TO
consistently enforce the
provisions of this article
ARTICLE 65. 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 EMERGENCY MENTAL
HEALTH HOLD PURSUANT TO SECTION
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).
27-65-129. Payment for counsel. In order to provide legal
representation to persons eligible therefor as provided in
FOR AN ATTORNEY
PURSUANT TO
this article
ARTICLE 65, the judicial department is authorized
to SHALL pay, out of appropriations made therefor MONEY APPROPRIATED
by the general assembly, sums directly to THE appointed counsel ATTORNEY
on a case-by-case basis or, on behalf of the state, to make 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.
27-65-130. Advisory board - created - service standards and
rules. (1) [Formerly 27-65-131] (a) An advisory board, referred to
IN THIS
SECTION
as the "board", in this section, to the department
is established for
the purpose of assisting and advising the executive director COMMISSIONER
in accordance with section 27-65-130 SUBSECTION (2) OF THIS SECTION in
the development of service standards and rules. The board consists of not
less NO FEWER than eleven nor BUT NOT more than fifteen members
appointed by the governor,
AS FOLLOWS:
PAGE 49-HOUSE BILL 22-1256 (I) The board includes One representative each from the office of
behavioral health; the department of human services;
(II) O
NE REPRESENTATIVE FROM THE BHA;
(III) O
NE REPRESENTATIVE FROM the department of public health
and environment;
(IV) O
NE REPRESENTATIVE FROM the university of Colorado health
sciences center; and
(V) ONE REPRESENTATIVE FROM a leading professional association
of psychiatrists in this state; at least
(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 (2.5), 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) [Formerly 27-65-130] The advisory board created by section
PAGE 50-HOUSE BILL 22-1256 27-65-131 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 their
THE HEALTH-CARE
FACILITY
'S only purpose the care and treatment of such persons.
27-65-131. Data report. (1) B
EGINNING JANUARY 1, 2025, AND
EACH
JANUARY 1 THEREAFTER, THE BHA SHALL ANNUALLY 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) T
HE 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) D
EMOGRAPHIC INFORMATION OF EACH PERSON PLACED ON AN
EMERGENCY MENTAL HEALTH HOLD
;
(III) D
ISPOSITION OF EACH PERSON PLACED ON AN EMERGENCY
MENTAL HEALTH HOLD
;
(IV) H
OW 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) H
OW MANY SUBSEQUENT EMERGENCY MENTAL HEALTH HOLDS
WERE PLACED PURSUANT TO SECTION
27-65-106 DUE TO A LACK OF
APPROPRIATE PLACEMENT OPTIONS
; AND
PAGE 51-HOUSE BILL 22-1256 (VI) HOW EACH EMERGENCY MENTAL HEALTH HOLD ORIGINATED ,
WHETHER BY A CERTIFIED PEACE OFFICER ; INTERVENING PROFESSIONAL,
INCLUDING SPECIFIC PROFESSIONAL TYPE; OR A COURT ORDER;
(b) T
HE 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) T
HE NUMBER OF INPATIENT VERSUS OUTPATIENT CERTIFICATIONS ;
(II) T
HE REASON FOR INITIATING EACH CERTIFICATION ;
(III) T
HE NUMBER OF CERTIFICATIONS INITIATED BY A COURT ORDER ,
PROFESSIONAL PERSON, OR CERTIFIED PEACE OFFICER;
(IV) T
HE AVERAGE LENGTH OF EACH CERTIFICATION ;
(V) T
HE DEMOGRAPHICS OF EACH INDIVIDUAL ON A CERTIFICATION
FOR SHORT
-TERM TREATMENT;
(VI) T
HE SERVICES PROVIDED;
(VII) T
HE SERVICES NEEDED THAT WERE NOT AVAILABLE ; AND
(VIII) ANY IDENTIFIED BARRIERS PREVENTING THE PROVISION OF
NEEDED SERVICES
;
(c) T
HE OUTCOME OF EACH CERTIFICATION FOR SHORT -TERM
TREATMENT AND CERTIFICATION FOR LONG
-TERM CARE AND TREATMENT ;
(d) T
HE 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) T
HE PERSON'S HOUSING AND EMPLOYMENT STATUS WHEN
CERTIFICATION WAS DISCONTINUED
;
PAGE 52-HOUSE BILL 22-1256 (f) WHAT SERVICES WERE PROVIDED VERSUS WHAT SERVICES WERE
MOST FREQUENTLY NEEDED BY PEOPLE CERTIFIED ON AN OUTPATIENT BASIS
;
(g) B
ARRIERS AND OPPORTUNITIES WITH LOCAL PROVIDERS , THE
JUDICIAL BRANCH
, AND LAW ENFORCEMENT ; AND
(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
.
SECTION 2. In Colorado Revised Statutes, amend as added by
House Bill 22-1256 27-65-106 as follows:
27-65-106. Emergency mental health hold - screening -
court-ordered evaluation - discharge instructions - respondent's rights.
(1) Emergency procedure
AN EMERGENCY MENTAL HEALTH HOLD may be
invoked under one of the following conditions:
(a) (I) When any A CERTIFIED PEACE OFFICER HAS PROBABLE CAUSE
TO BELIEVE A
person appears to have
HAS a mental health disorder and, as
a result of such THE mental health disorder, appears to be IS an imminent
danger to
THE PERSON'S SELF OR others or to the person's self
or appears to
be IS 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 SUCH 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 then an intervening professional, or certified officer, upon probable
cause and with such assistance as may be required, may take the person into
custody, or cause the person to be taken into custody, and placed in a
facility designated or approved by the executive director for a
seventy-two-hour treatment and evaluation. If such a facility is not
available, the person may be taken to an emergency medical services
facility.
PAGE 53-HOUSE BILL 22-1256 (b) Upon an affidavit sworn to or affirmed before a judge that
relates sufficient facts to establish 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 others or to the person's self or appears to be gravely
disabled, the court may order the person described in the affidavit to be
taken into custody and placed in a facility designated or approved by the
executive director for a seventy-two-hour treatment and evaluation.
Whenever in this article 65 a facility is to be designated or approved by the
executive director, hospitals, if available, must be approved or designated
in each county before other facilities are approved or designated. Whenever
in this article 65 a facility is to be designated or approved by the executive
director as a facility for a stated purpose and the facility to be designated or
approved is a private facility, the consent of the private facility to the
enforcement of standards set by the executive director is a prerequisite to
the designation or approval.
(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 OR OTHERS OR APPEARS TO BE 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 SUCH 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
.
(d)
(b) (I) Any individual may petition 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 there is a person who
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 OR others or to the person's self
or appears to be gravely disabled. and requesting an evaluation of the
person's condition.
PAGE 54-HOUSE BILL 22-1256 (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) 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. U
NLESS OTHERWISE REQUIRED BY LAW , A CERTIFIED PEACE
OFFICER MAY TRANSPORT THE PERSON TO AN EMERGENCY MEDICAL
SERVICES FACILITY OR FACILITY DESIGNATED BY THE COMMISSIONER 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
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
.
(3) When a person is taken into emergency custody by an
intervening professional or certified police officer 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 that is
designated or approved by the commissioner, the facility shall
require an 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 from 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 OR
others or the person's self
is gravely disabled. or is in need of
immediate evaluation for treatment. The application must indicate when the
person was taken into custody and who brought the person's condition to the
attention of the intervening professional or certified peace officer. A copy
PAGE 55-HOUSE BILL 22-1256 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 person
RESPONDENT for whom evaluation is
sought, who is designated as the respondent, and, if known to the petitioner,
the address, age, sex GENDER, marital status, and occupation, of the
respondent, 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, be a
danger to
THE RESPONDENT'S SELF OR others the respondent's self
or be
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. If there is no
attorney, there shall be a statement as to whether, to the best knowledge of
the petitioner, the respondent meets the criteria established by the legal aid
agency operating in the county or city and county for it to represent a client.
(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 designate
IDENTIFY a facility approved DESIGNATED by the
commissioner, an intervening professional, or
A certified peace officer to
provide screening of the respondent to determine whether there is
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
PAGE 56-HOUSE BILL 22-1256 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 there is
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 OR others the respondent's self
or is 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 OR others the
respondent's self or is gravely disabled and that efforts have been made to
secure the cooperation of the respondent who BUT THE RESPONDENT has
refused or failed to accept evaluation voluntarily, the court shall issue an
order for 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
seventy-two-hour treatment and evaluation
AN EMERGENCY MENTAL
HEALTH HOLD
. At the time of taking
the respondent IS TAKEN into custody,
a copy of the petition and the order for evaluation must be given to the
respondent and promptly thereafter to any
THE one LAY person designated
by the respondent and to the person in charge of the seventy-two-hour
treatment and evaluation facility named in the order or the person's
designee. I
F THE RESPONDENT REFUSES TO ACCEPT A COPY OF THE PETITION
AND THE ORDER FOR EVALUATION
, SUCH REFUSAL MUST BE DOCUMENTED IN
THE PETITION AND THE ORDER FOR EVALUATION
.
(5) If the seventy-two-hour treatment and evaluation facility admits
the person, it 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 and treatment
for a period not to exceed seventy-two hours
excluding Saturdays, Sundays, and holidays if evaluation and treatment
services are not available on those days. For the purposes of this subsection
(4), evaluation and treatment services are not deemed to be available merely
PAGE 57-HOUSE BILL 22-1256 because a professional person is on call during weekends or holidays 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 professional
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. I
F 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 admitted to a seventy-two-hour treatment andevaluation facility under the provisions of this article shall DETAINED FOR
AN EMERGENCY MENTAL HEALTH HOLD PURSUANT TO THIS SECTION SHALL
receive an evaluation as soon as possible after the person is admittedPRESENTED TO THE FACILITY and shall receive such treatment and care as the
person's condition requires for the full period that the person is held. The
person shall be released before seventy-two hours have elapsed if, in the
opinion of the professional person in charge of the evaluation, the person
no longer requires evaluation or treatment. Persons who have been detained
for seventy-two-hour evaluation and treatment shall THE EVALUATION MAY
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.
(b) E
ACH 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
PAGE 58-HOUSE BILL 22-1256 THERAPIST WHO HAS TWO YEARS OF EXPERIENCE IN BEHAVIORAL HEALTH
SAFETY AND RISK ASSESSMENT WORKING IN A HEALTH
-CARE SETTING.
(c) I
F 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) to (8) Repealed.
(7) (a) IF A PERSON IS EVALUATED AT AN EMERGENCY MEDICAL
SERVICES FACILITY AND THE EVALUATING PROFESSI ONAL 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.
(b) I
F 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
PAGE 59-HOUSE BILL 22-1256 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 DESIGNATED FACILITY MAY PLACE THE
PERSON UNDER A SUBSEQUENT EMERGENCY MENTAL HEALTH HOLD AND
SHALL IMMEDIATELY NOTIFY THE
BHA AND LAY PERSON.
(c) T
HE 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).
(8) (a) T
HE 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) I
F 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;
PAGE 60-HOUSE BILL 22-1256 (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) N
OTIFICATION 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) T
HE PHONE NUMBER TO CALL OR TEXT THE COLORADO CRISIS
SERVICES HOTLINE AND INFORMATION ON THE AVAILABILITY OF PEER
SUPPORT SERVICES
;
(VII) I
NFORMATION ON HOW TO ESTABLISH A PSYCHIATRIC ADVANCE
DIRECTIVE IF ONE IS NOT PRESENTED
;
(VIII) M
EDICATIONS 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) A
NY LABORATORY WORK , INCLUDING BLOOD SAMPLES OR
IMAGING THAT WAS COMPLETED OR ATTEMPTED
, IF REQUESTED;
(XII) T
HE 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
PAGE 61-HOUSE BILL 22-1256 (XIV) HOW TO CONTACT THE DISCHARGING FACILITY IF NEEDED .
(b) T
HE FACILITY SHALL DOCUMENT IN THE PERSON 'S MEDICAL
RECORD WHETHER THE PERSON ACCEPTED THE DISCHARGE INSTRUCTIONS
.
T
HE 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) U
PON 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.
T
HE BHA SHALL IMMEDIATELY NOTIFY FACILITIES WHEN THE STATEWIDE
CARE COORDINATION INFRASTRUCTURE IS AVAILABLE TO ASSIST PERSONS
WITH DISCHARGE
.
(d) (I) T
HE 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 AT LEAST FORTY-EIGHT HOURS AFTER DISCHARGE .
T
HE 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
COLORADO BEHAVIORAL HEALTH
CRISIS HOTLINE
. 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) I
F 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 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.
PAGE 62-HOUSE BILL 22-1256 (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) T
HE 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, 2019
JULY 1, 2023, and each July 1
thereafter, each emergency medical services facility that has treated
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
PAGE 63-HOUSE BILL 22-1256 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 the collection of
data to accomplish 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.
(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 (7)(a)
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) T
O 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) T
O REQUEST A CHANGE TO VOLUNTARY STATUS ;
(III) T
O 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) T
O 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) T
O 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
PAGE 64-HOUSE BILL 22-1256 PERSON BUT MUST ALLOW THE PERSON TO CONTACT AN ATTORNEY ;
(VI) T
O CONTINUE THE PRACTICE OF RELIGION;
(VII) W
ITHIN 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) T
O 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) T
O 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
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
. THE FACILITY SHALL PERIODICALLY
CONDUCT ADDITIONAL SAFETY ASSESSMEN TS 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) T
O 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;
PAGE 65-HOUSE BILL 22-1256 (XI) TO HAVE THE PERSON'S INFORMATION AND RECORDS DISCLOSED
TO FAMILY MEMBERS AND A LAY PERSON PURSUANT TO SECTION
27-65-123;
(XII) T
O HAVE THE PERSON 'S TREATMENT RECORDS REMAIN
CONFIDENTIAL
, EXCEPT AS REQUIRED BY LAW;
(XIII)
TO NOT BE FINGERPRINTED, UNLESS REQUIRED BY LAW;
(XIV) T
O 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) T
O 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) T
O 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 UNDER 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 OTHERS,
AS DETERMINED BY A LICENCED PROVIDER INVOLVED IN THE PERSON 'S CARE.
D
ENIAL 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
PAGE 66-HOUSE BILL 22-1256 DOLLARS.
(d) A
NY PERSON 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
.
SECTION 3. In Colorado Revised Statutes, 27-65-109, amend as
added by House Bill 22-1256 (1), (2), (3), (4), (6), (7), (8), and (10) as
follows:
27-65-109. Certification for short-term treatment - procedure.
(1) If
A person detained pursuant to section 27-65-106 has received an
evaluation, the person may be certified for not more than three months for
short-term treatment under the following conditions:
(a) The professional staff of the agency or facility providing
seventy-two-hour treatment and evaluation has analyzed the person's
condition DETAINING THE PERSON ON AN EMERGENCY MENTAL HEALTH HOLD
HAS EVALUATED THE PERSON
and has found the person has a mental health
disorder and, as a result of the mental health disorder, is a danger to othersor to the person's self OR OTHERS or is gravely disabled;
(b) The person has been advised of the availability of, but has not
accepted, voluntary treatment; but, 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;
and
(c) The facility OR COMMUNITY PROVIDER that will provide
short-term treatment has been designated or approved by the commissioner
to provide such treatment;
AND
(d) 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
.
(2) The notice of certification must be signed by a professional
person on the staff of the evaluation facility
who participated in the
PAGE 67-HOUSE BILL 22-1256 evaluation. and THE NOTICE OF CERTIFICATION must:
(a) State facts sufficient to establish reasonable grounds to believe
that the person RESPONDENT has a mental health disorder and, as a result of
the mental health disorder, is a danger to others or to the person's self THE
RESPONDENT
'S SELF OR OTHERS or is gravely disabled;
(b) Be filed with the court within forty-eight hours, excluding
Saturdays, Sundays, and court holidays, of
AFTER the date of certification;
and
(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
.
(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 evaluation
EVALUATING facility as part of the
respondent's record,
IF APPLICABLE. The FACILITY OR COURT SHALL ASK THE
respondent must also be asked
to designate one other person 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, he or she
THE RESPONDENT must be asked to
designate such 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.
(6) The respondent for short-term treatment
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
PAGE 68-HOUSE BILL 22-1256 notice to the respondent and the respondent's attorney and the certifying and
treating professional person of the time and place thereof 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. subject to available appropriations.
(7) Records and papers in proceedings under PURSUANT TO this
section must be maintained separately by the clerks of the several courts.
Upon the release of any respondent in accordance with section 27-65-112,
the facility shall notify the clerk of the court within five days after the
release, and the clerk shall forthwith
IMMEDIATELY seal the record in the
case and omit the name of the respondent 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 or until and unless the court orders them THE RECORDS opened
for good cause shown. In the event a petition is filed pursuant to section
27-65-110, the certification record may be opened and become a part of the
record in the long-term care and treatment case and the name of the
respondent indexed.
(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.
(10) If the professional person in charge of the evaluation and
treatment believes that a period longer than three months is necessary for
treatment of 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 is not
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
PAGE 69-HOUSE BILL 22-1256 attorney initially representing the respondent shall continue to represent the
respondent, unless the court appoints another attorney.
SECTION 4. In Colorado Revised Statutes, amend as added by
House Bill 22-1256 27-65-112 as follows:
27-65-112. Termination of certification for short-term and
long-term treatment. (1) An original or extended certification for
short-term treatment
ISSUED PURSUANT TO SECTION 27-65-109, or an order
OR EXTENSION FOR CERTIFICATION for long-term care and treatment or any
extension thereof PURSUANT TO SECTION 27-65-110 terminates as soon as
in the opinion of the professional person in charge of treatment of the
respondent
AND THE BHA DETERMINE the respondent has received
sufficient benefit from such
THE treatment for the respondent to leave END
INVOLUNTARY TREATMENT
. Whenever a certification or extended
certification is terminated pursuant to this section, the professional person
in charge of providing treatment shall notify the court in writing within five
days after such
THE termination. The professional person may also prescribe
day care, night care, or any other similar mode of treatment prior to
termination.
(2) Before termination, an escaped 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 order ofA court ORDER. After termination, a respondent may be returned to the
facility only in accordance with this article 65.
SECTION 5. In Colorado Revised Statutes, amend as added by
House Bill 22-1256 27-65-119 as follows:
27-65-119. Rights of respondents certified for short-term
treatment or long-term care and treatment. (1) Each person receiving
evaluation, care or treatment pursuant to any provision of this article 65
RESPONDENT CERTIFIED FOR SHORT-TERM TREATMENT OR LONG-TERM CARE
AND TREATMENT ON AN INPATIENT BASIS PURSUANT TO SECTIONS
27-65-109
AND 27-65-110 has the following rights and shall be advised of such rights
by the facility:
(a) T
O BE TREATED FAIRLY, WITH RESPECT AND RECOGNITION OF THE
RESPONDENT
'S DIGNITY AND INDIVIDUALITY, BY ALL EMPLOYEES OF THE
PAGE 70-HOUSE BILL 22-1256 FACILITY WITH WHOM THE RESPONDENT COMES IN CONTACT ;
(b) T
O 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) T
O RETAIN AND CONSULT WITH AN ATTORNEY AT ANY TIME ;
(d) T
O MEET WITH OR CALL A PERSONAL CLINICIAN , SPIRITUAL
ADVISOR
, COUNSELOR, CRISIS HOTLINE, FAMILY MEMBER, WORKPLACE,
CHILD CARE PROVIDER, OR SCHOOL AT ALL REASONABLE TIMES ;
(e) T
O CONTINUE THE PRACTICE OF RELIGION;
(f) W
ITHIN 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
;
(a)
(g) To receive and send sealed correspondence, No incoming or
outgoing correspondence shall be opened, delayed, held, or censored by the
personnel of the facility 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
;
(h) T
O 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) T
O HAVE REASONABLE ACCESS TO TELEPHONES OR OTHER
COMMUNICATION DEVICES AND TO MAKE AND RECEIVE CALLS OR
COMMUNICATIONS IN PRIVATE
;
PAGE 71-HOUSE BILL 22-1256 (d) (j) To have frequent and convenient opportunities to meet with
visitors; Each person may
(k) TO see the person's THE RESPONDENT'S attorney, clergyperson,
or physician at any time;
(e) (l) To wear the person's THE RESPONDENT'S own clothes, keep
and use the person's THE RESPONDENT'S own personal possessions,
INCLUDING THE PERSON'S CELL PHONE, and keep and be allowed to spend a
reasonable sum of the person's THE RESPONDENT'S own money;
(m) T
O HAVE THE RESPONDENT 'S INFORMATION AND RECORDS
DISCLOSED TO FAMILY MEMBERS AND A LAY PERSON PURSUANT TO SECTION
27-65-123;
(n) T
O HAVE THE RESPONDENT 'S TREATMENT RECORDS REMAIN
CONFIDENTIAL
, EXCEPT AS REQUIRED BY LAW;
(o) T
O 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) T
O 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 person's
RESPONDENT'S rights under subsection (1) of this
section may be denied for good cause only by the professional person
providing treatment 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 in all cases
MUST be entered
into the person's RESPONDENT'S treatment record. Information pertaining to
a denial of rights contained in the person's RESPONDENT'S treatment record
must be made available, upon request, to the person RESPONDENT, THE
RESPONDENT
'S LEGAL GUARDIAN, or the person's
THE RESPONDENT'S
attorney.
PAGE 72-HOUSE BILL 22-1256 (3) No person A RESPONDENT admitted to or in a facility shall MUST
NOT
be fingerprinted unless required by other provisions of law.
(4) A person
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. No other
Nonmedical photographs may SHALL NOT
be taken or used without appropriate consent or authorization.
(5) Any person 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 person's
rights enumerated in this section, and a minor
child shall 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) A
NY 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
.
SECTION 6. In Colorado Revised Statutes, 7-60-132, amend (1)(a)
as follows:
7-60-132. Dissolution by decree of court. (1) On application by
or for a partner, the court shall decree a dissolution if:
PAGE 73-HOUSE BILL 22-1256 (a) A partner has been determined by the court to be mentally
incompetent to such a degree that the partner is incapable of performing the
partner's part of the partnership contract or a court of competent jurisdiction
has made such a finding pursuant to part 3 or part 4 of article 14 of title 15
or section 27-65-109 (4)
SECTION 27-65-110 (4) or 27-65-127; C.R.S.;
SECTION 7. In Colorado Revised Statutes, 12-215-115, amend (7)
as follows:
12-215-115. Discipline of licensees - suspension, revocation,
denial, and probation - grounds - definitions. (7) In the event any person
holding a license to practice chiropractic in this state is determined to be
mentally incompetent or insane by a court of competent jurisdiction and a
court enters, pursuant to part 3 or 4 of article 14 of title 15 or section
27-65-109 (4) SECTION 27-65-110 (4) or 27-65-127, an order specifically
finding that the mental incompetency or insanity is of such a degree that the
person holding a license is incapable of continuing to practice chiropractic,
his or her
THE PERSON'S license shall automatically be suspended by the
board, and, anything in this article 215 to the contrary notwithstanding, the
suspension shall
MUST continue until the licensee is found by the court to
be competent to practice chiropractic.
SECTION 8. In Colorado Revised Statutes, 12-240-125, amend (7)
as follows:
12-240-125. Disciplinary action by board - rules. (7) If any
licensee is determined to be mentally incompetent or insane by a court of
competent jurisdiction and a court enters, pursuant to part 3 or 4 of article
14 of title 15 or section 27-65-109 (4)
SECTION 27-65-110 (4) or 27-65-127,
an order specifically finding that the mental incompetency or insanity is of
such a degree that the licensee is incapable of continuing to practice
medicine, practice as a physician assistant, or practice as an anesthesiologist
assistant, the board shall automatically suspend his or her
THE LICENSEE'S
license, and, anything in this article 240 to the contrary notwithstanding, the suspension must continue until the licensee is found by the court to be competent to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant.
SECTION 9. In Colorado Revised Statutes, 12-245-203.5, amend
(1) as follows:
PAGE 74-HOUSE BILL 22-1256 12-245-203.5. Minors - consent for outpatient psychotherapy
services - immunity - definition. (1) As used in this section, unless the
context otherwise requires, "mental health professional" includes a
professional person as defined in section 27-65-102 (17)
(27); a mental
health professional licensed pursuant to part 3, 4, 5, 6, or 8 of this article
245; a licensed professional counselor candidate; a psychologist candidate;
or a school social worker licensed by the department of education.
SECTION 10. In Colorado Revised Statutes, 12-245-216, amend
(2) and (4)(b) as follows:
12-245-216. Mandatory disclosure of information to clients.
(2) If the client is a child
MINOR who is consenting to mental health
services pursuant to section 27-65-103 SECTION 27-65-104, disclosure shall
MUST be made to the child MINOR. If the client is a child MINOR whose
parent or legal guardian is consenting to mental health services, disclosure
shall
MUST be made to the MINOR'S parent or legal guardian.
(4) The disclosure of information required by subsection (1) of this
section is not required when psychotherapy is being administered in any of
the following circumstances:
(b) Pursuant to a court order or involuntary procedures pursuant to
sections 27-65-105 to 27-65-109
SECTIONS 27-65-106 TO 27-65-110;
SECTION 11. In Colorado Revised Statutes, 12-255-119, amend
(7) as follows:
12-255-119. Disciplinary procedures of the board - inquiry and
hearings panels - mental and physical examinations - definitions - rules.
(7) In case any nurse is determined to be mentally incompetent or insane
by a court of competent jurisdiction and a court enters, pursuant to part 3 or
4 of article 14 of title 15 or section 27-65-109 (4)
SECTION 27-65-110 (4) or
27-65-127, an order specifically finding that the mental incompetency or
insanity is of such a degree that the nurse is incapable of continuing the
practice of nursing, the nurse's license
BOARD shall automatically be
suspended by the board SUSPEND THE NURSE 'S LICENSE, and,
notwithstanding any provision of this part 1 to the contrary, the suspension
shall
MUST continue until the nurse is found by the court to be competent to
continue the practice of nursing.
PAGE 75-HOUSE BILL 22-1256 SECTION 12. In Colorado Revised Statutes, 12-290-113, amend
(8) as follows:
12-290-113. Disciplinary action by board. (8) If a person holding
a license to practice podiatry in this state is determined to be mentally
incompetent or insane by a court of competent jurisdiction and a court
enters, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-109
(4) SECTION 27-65-110 (4) or 27-65-127, an order specifically finding that
the mental incompetency or insanity is of such a degree that the person
holding a license is incapable of continuing to practice podiatry, the license
BOARD shall automatically be suspended by the board SUSPEND THE
LICENSE
, and, anything in this article 290 to the contrary notwithstanding,
the suspension shall
MUST continue until the licensee is found by the court
to be competent to practice podiatry.
SECTION 13. In Colorado Revised Statutes, 12-315-112, amend
(1)(v) as follows:
12-315-112. Discipline of licensees. (1) Upon receipt of a signed
complaint by a complainant or upon its own motion, the board may proceed
to a hearing in conformity with section 12-315-113. After a hearing, and by
a concurrence of a majority of members, the board may take disciplinary or
other action as authorized in section 12-20-404 against an applicant or a
licensed veterinarian for any of the following reasons:
(v) A determination that the individual is mentally incompetent by
a court of competent jurisdiction and the court has entered, pursuant to part
3 or 4 of article 14 of title 15 or section 27-65-109 (4)
SECTION 27-65-110
(4) or 27-65-127, an order specifically finding that the mental incompetency
is of such a degree that the individual is incapable of continuing to practice
veterinary medicine;
SECTION 14. In Colorado Revised Statutes, 13-5-142, amend
(1)(c) and (3)(b)(III) as follows:
13-5-142. National instant criminal background check system -
reporting. (1) On and after March 20, 2013, the state court administrator
shall send electronically the following information to the Colorado bureau
of investigation created pursuant to section 24-33.5-401, referred to in this
section as the "bureau":
PAGE 76-HOUSE BILL 22-1256 (c) The name of each person with respect to whom the court has
entered an order for involuntary certification for short-term treatment of a
mental health disorder pursuant to section 27-65-107
SECTION 27-65-109,
for extended certification for treatment of a mental health disorder pursuant
to section 27-65-108
SECTION 27-65-109 (10), or for long-term care and
treatment of a mental health disorder pursuant to section 27-65-109 SECTION
27-65-110.
(3) The state court administrator shall take all necessary steps to
cancel a record made by the state court administrator in the national instant
criminal background check system if:
(b) No less than three years before the date of the written request:
(III) The record in the case was sealed pursuant to section 27-65-107
(7) SECTION 27-65-109 (7), or the court entered an order discharging the
person from certification in the nature of habeas corpus pursuant to section
27-65-113 SECTION 27-65-115, if the record in the national instant criminal
background check system is based on a court order for involuntary
certification for short-term treatment of a mental health disorder.
SECTION 15. In Colorado Revised Statutes, 13-5-142.5, amend
(2)(a)(III) as follows:
13-5-142.5. National instant criminal background check system
- judicial process for awarding relief from federal prohibitions -
legislative declaration. (2) Eligibility. A person may petition for relief
pursuant to this section if:
(a) (III) The court has entered an order for the person's involuntary
certification for short-term treatment of a mental health disorder pursuant
to section 27-65-107
SECTION 27-65-109, for extended certification for
treatment of a mental health disorder pursuant to section 27-65-108 SECTION
27-65-109 (10), or for long-term care and treatment of a mental health
disorder pursuant to section 27-65-109 SECTION 27-65-110; and
SECTION 16. In Colorado Revised Statutes, amend 13-5-142.8 as
follows:
13-5-142.8. Notice by professional persons. Under sections
PAGE 77-HOUSE BILL 22-1256 13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and 13-5-142.5 (2), an order for
involuntary certification for short-term treatment of a mental health disorder
pursuant to section 27-65-107 shall
SECTION 27-65-109 MUST also include
a notice filed by a professional person pursuant to section 27-65-107
SECTION 27-65-109, and an order for extended certification for treatment of
mental health disorder pursuant to section 27-65-108 shall SECTION
27-65-109 (10) MUST also include a notice filed by a professional person
pursuant to section 27-65-108 SECTION 27-65-109 (10).
SECTION 17. In Colorado Revised Statutes, 13-9-123, amend
(1)(c) and (3)(b)(III) as follows:
13-9-123. National instant criminal background check system -
reporting. (1) On and after March 20, 2013, the state court administrator
shall send electronically the following information to the Colorado bureau
of investigation created pursuant to section 24-33.5-401, referred to in this
section as the "bureau":
(c) The name of each person with respect to whom the court has
entered an order for involuntary certification for short-term treatment of a
mental health disorder pursuant to section 27-65-107
SECTION 27-65-109,
for extended certification for treatment of a mental health disorder pursuant
to section 27-65-108
SECTION 27-65-109 (10), or for long-term care and
treatment of a mental health disorder pursuant to section 27-65-109 SECTION
27-65-110.
(3) The state court administrator shall take all necessary steps to
cancel a record made by the state court administrator in the national instant
criminal background check system if:
(b) No less than three years before the date of the written request:
(III) The record in the case was sealed pursuant to section 27-65-107
(7) SECTION 27-65-109 (7), or the court entered an order discharging the
person from certification in the nature of habeas corpus pursuant to section
27-65-113 SECTION 27-65-115, if the record in the national instant criminal
background check system is based on a court order for involuntary
certification for short-term treatment of a mental health disorder.
SECTION 18. In Colorado Revised Statutes, 13-9-124, amend
PAGE 78-HOUSE BILL 22-1256 (2)(a)(III) as follows:
13-9-124. National instant criminal background check system -
judicial process for awarding relief from federal prohibitions -
legislative declaration. (2) Eligibility. A person may petition for relief
pursuant to this section if:
(a) (III) The court has entered an order for the person's involuntary
certification for short-term treatment of a mental health disorder pursuant
to section 27-65-107
SECTION 27-65-109, for extended certification for
treatment of a mental health disorder pursuant to section 27-65-108 SECTION
27-65-109 (10), or for long-term care and treatment of a mental health
disorder pursuant to section 27-65-109 SECTION 27-65-110; and
SECTION 19. In Colorado Revised Statutes, 13-14.5-105, amend
(8)(a) as follows:
13-14.5-105. Hearings on petition - grounds for order issuance.
(8) (a) Before issuing an extreme risk protection order, the court shall
consider whether the respondent meets the standard for a court-ordered
evaluation for persons with mental health disorders pursuant to section
27-65-106. If the court determines that the respondent meets the standard,
then, in addition to issuing an extreme risk protection order, the court shall
order mental health treatment and evaluation authorized pursuant to section
27-65-106 (6) SECTION 27-65-106 (4)(d).
SECTION 20. In Colorado Revised Statutes, 13-20-401, amend (2)
as follows:
13-20-401. Definitions. As used in this part 4, unless the context
otherwise requires:
(2) "Patient" means the person upon whom a proposed
electroconvulsive treatment is to be performed; except that nothing in this
part 4 supersedes the provisions of article 65 of title 27 or any rule adopted
by the department of human services
BEHAVIORAL HEALTH ADMINISTRATION
pursuant to section 27-65-116 (2) SECTION 27-65-118 (2) with regard to the
care and treatment of any person unable to exercise written informed
consent or of a person with a mental health disorder.
PAGE 79-HOUSE BILL 22-1256 SECTION 21. In Colorado Revised Statutes, 15-18.7-201, amend
(9)(b) as follows:
15-18.7-201. Definitions. As used in this part 2, unless the context
otherwise requires:
(9) "Health-care provider" means:
(b) A professional person, as defined in section 27-65-102 (17)
(27);
SECTION 22. In Colorado Revised Statutes, 15-18.7-202, amend
(5), (6), and (7) as follows:
15-18.7-202. Behavioral health orders for scope of treatment -
form contents - effect. (5) A behavioral health orders form may be
admissible in a hearing pursuant to section 27-65-111 SECTION 27-65-113
for the purpose of establishing the adult's behavioral health treatment,
medication, and alternative treatment history, decisions, and preferences to
be made on behalf of the adult during an involuntary emergency procedure,
certification, or commitment authorized pursuant to state law.
(6) Nothing in this part 2 means that an adult who has executed a
behavioral health orders form has waived the right to a hearing before the
court or jury pursuant to section 27-65-111
SECTION 27-65-113.
(7) Nothing in this part 2 means that an adult who has executed a
behavioral health orders form has consented to a petition for involuntary
administration of medication authority pursuant to section 27-65-111 (5)
SECTION 27-65-113 (5).
SECTION 23. In Colorado Revised Statutes, 16-8.5-105, amend
(1)(a)(IV) and (6) as follows:
16-8.5-105. Evaluations, locations, time frames, and report.
(1) (a) (IV) Nothing in this subsection (1)(a) limits the availability of a
court-ordered evaluation for a person with a mental health disorder pursuant
to section 27-65-106 or invokes the emergency procedure FOR AN
EMERGENCY MENTAL HEALTH HOLD
set forth in section 27-65-105
SECTION
27-65-106.
PAGE 80-HOUSE BILL 22-1256 (6) Whenever a competency evaluation is ordered upon the request
of either party, the court may notify the county attorney or district attorney
required to conduct proceedings pursuant to section 27-65-111 (6)
SECTION
27-65-113 (6) for the county in which the charges are pending and the court
liaison hired pursuant to part 2 of article 11.9 of this title 16 of all court
dates for return of the report on competency to ensure that all parties are on
notice of the expected need for coordinated services and planning with
consideration of possible civil certification.
SECTION 24. In Colorado Revised Statutes, 16-8.5-111, amend
(2)(a) as follows:
16-8.5-111. Procedure after determination of competency or
incompetency. (2) If the final determination made pursuant to section
16-8.5-103 is that the defendant is incompetent to proceed, the court has the
following options:
(a) If the defendant is charged with an offense as outlined in section
16-8.5-116 (7) and the competency evaluation has determined that the
defendant meets the standard for civil certification pursuant to article 65 of
title 27, the court may forgo any order of restoration and immediately order
that proceedings be initiated by the county attorney or district attorney
required to conduct proceedings pursuant to section 27-65-111 (6)
SECTION
27-65-113 (6) for the civil certification of the defendant and dismiss the
charges without prejudice in the interest of justice once civil certification
proceedings have been initiated.
SECTION 25. In Colorado Revised Statutes, 16-8.5-116, amend
(5), (6)(b), and (10) as follows:
16-8.5-116. Certification - reviews - termination of proceedings
- rules. (5) The court shall forward a copy of each report and summary
received pursuant to subsections (2), (3), and (4) of this section to the
county attorney or district attorney required to conduct proceedings
pursuant to section 27-65-111 (6)
SECTION 27-65-113 (6) for the county in
which the case is pending and to the court liaison.
(6) Notwithstanding the time periods provided in subsections (7),
(8), and (9) of this section and to ensure compliance with relevant
constitutional principles, for any offense for which the defendant remains
PAGE 81-HOUSE BILL 22-1256 confined as a result of a determination of incompetency to proceed if the
court determines, based on available evidence, that there is not a substantial
probability that the defendant will be restored to competency within the
reasonably foreseeable future, the court may order the defendant's release
from commitment pursuant to this article 8.5 through one or more of the
following means:
(b) The court may, in coordination with the county attorney or
district attorney required to conduct proceedings pursuant to section
27-65-111 (6) SECTION 27-65-113 (6) for the county in which the defendant
is charged, order the commencement of certification proceedings pursuant
to the provisions of article 65 of title 27 if the defendant meets the
requirements for certification pursuant to article 65 of title 27;
(10) Prior to the dismissal of charges pursuant to subsection (1), (6),
(7), (8), or (9) of this section, the court shall identify whether the defendant
meets the requirements for certification pursuant to article 65 of title 27, or
for the provision of services pursuant to article 10.5 of title 27, or whether
the defendant will agree to a voluntary commitment. If the court finds the
requirements for certification or provision of services are met or the
defendant does not agree to a voluntary commitment, the court may stay the
dismissal for twenty-one days and notify the department and county attorney
or district attorney required to conduct proceedings pursuant to section
27-65-111 (6) 27-65-113 (6) in the relevant jurisdiction of the pending
dismissal so as to provide the department and the county attorney or district
attorney with the opportunity to pursue certification proceedings or the
provision of necessary services.
SECTION 26. In Colorado Revised Statutes, 18-1.3-204, amend
(2)(a)(II) as follows:
18-1.3-204. Conditions of probation - interstate compact
probation transfer cash fund - creation. (2) (a) When granting probation,
the court may, as a condition of probation, require that the defendant:
(II) Undergo available medical or psychiatric treatment and remain
in a specified institution if required for that purpose. In any case where
inpatient psychiatric treatment is indicated, the court shall proceed in
accordance with article 65 of title 27 C.R.S.,
and require the defendant to
comply with the recommendation of the professional person in charge of the
PAGE 82-HOUSE BILL 22-1256 evaluation required pursuant to section 27-65-105 or 27-65-106. C.R.S.
SECTION 27. In Colorado Revised Statutes, 18-6.5-102, amend
(11)(e) as follows:
18-6.5-102. Definitions. As used in this article 6.5, unless the
context otherwise requires:
(11) "Person with a disability" means any person who:
(e) Is a person with
HAS a mental health disorder, as the term is
defined in section 27-65-102; (11.5);
SECTION 28. In Colorado Revised Statutes, 19-1-115, amend
(8)(a) as follows:
19-1-115. Legal custody - guardianship - placement out of the
home - petition for review for need of placement. (8) (a) Whenever it
appears necessary that the placement of a child out of the home will be for
longer than ninety days, the placement is voluntary and not court-ordered,
and the placement involves the direct expenditure of funds appropriated by
the general assembly to the department of human services, a petition for
review of need for placement shall be filed by the department or agency
with which the child has been placed before the expiration of ninety days
in the placement. A decree providing for voluntary placement of a child
with an agency in which public moneys are
MONEY IS expended shall MUST
be renewable in circumstances where WHEN there is documentation that the
child has an emotional, a physical, or an intellectual disability that
necessitates care and treatment for a longer duration than ninety days as
provided pursuant to this paragraph (a)
SUBSECTION (8)(a). The court shall
not transfer or require relinquishment of legal custody of, or otherwise
terminate the parental rights with respect to, a child who has an emotional,
a physical, or an intellectual disability and who was voluntarily placed out
of the home for the purposes of obtaining special treatment or care solely
because the parent or legal guardian is unable to provide the treatment or
care. Whenever a child fifteen years of age or older consents to placement
in a mental health facility pursuant to section 27-65-103, C.R.S.,
SECTION
27-65-104, the review under section 27-65-103 (5), C.R.S., shall PURSUANT
TO SECTION
27-65-104 (4) MUST be conducted in lieu of and shall
MUST
fulfill the requirements for review under this paragraph (a) SUBSECTION
PAGE 83-HOUSE BILL 22-1256 (8)(a).
SECTION 29. In Colorado Revised Statutes, 19-2.5-102, amend
(34) as follows:
19-2.5-102. Definitions. In addition to the terms defined in section
19-1-103, as used in this article 2.5, unless the context otherwise requires:
(34) "Mental health hospital placement prescreening" means a
face-to-face mental health examination conducted by a mental health
professional to determine whether a child should be placed in a facility for
evaluation pursuant to section 27-65-105 or
27-65-106. The prescreening
may include consultation with other mental health professionals and review
of all available records on the child.
SECTION 30. In Colorado Revised Statutes, 19-2.5-305, amend
as it exists until July 1, 2024, (3)(b)(I); and amend (3)(b)(II), (3)(b)(III),
and (3)(b)(IV) as follows:
19-2.5-305. Detention and shelter - hearing - time limits -
findings - review - confinement with adult offenders - restrictions.
(3) (b) (I) If it appears that a juvenile being held in detention or temporary
shelter may have an intellectual and developmental disability, as described
in article 10.5 of title 27, the court or detention personnel shall refer the
juvenile to the nearest community-centered board for an eligibility
determination. If it appears that a juvenile being held in a detention or
temporary shelter facility pursuant to this article 2.5 may have a mental
health disorder, as provided in sections 27-65-105 and
SECTION 27-65-106,
the intake personnel or other appropriate personnel shall contact a mental
health professional to do a mental health hospital placement prescreening
on the juvenile. The court must be notified of the contact and may take
appropriate action. If a mental health hospital placement prescreening is
requested, it must be conducted in an appropriate place accessible to the
juvenile and the mental health professional. A request for a mental health
hospital placement prescreening must not extend the time within which a
detention hearing must be held pursuant to this section. If a detention
hearing has been set but has not yet occurred, the mental health hospital
placement prescreening must be conducted prior to the hearing; except that
the prescreening must not extend the time within which a detention hearing
must be held.
PAGE 84-HOUSE BILL 22-1256 (II) If a juvenile has been ordered detained pending an adjudication,
disposition, or other court hearing, and the juvenile subsequently appears
to have a mental health disorder, as described in section 27-65-105 or
27-65-106, the intake personnel or other appropriate personnel shall contact the court with a recommendation for a mental health hospital placement prescreening. A mental health hospital placement prescreening must be conducted at any appropriate place accessible to the juvenile and the mental health professional within twenty-four hours of
AFTER the request,
excluding Saturdays, Sundays, and legal holidays.
(III) When the mental health professional finds, as a result of the
prescreening, that the juvenile may have a mental health disorder, the
mental health professional shall recommend to the court that the juvenile be
evaluated pursuant to section 27-65-105 or
27-65-106.
(IV) Nothing in this subsection (3)(b) precludes the use of
emergency procedures FOR AN EMERGENCY MENTAL HEALTH HOLD pursuant
to section 27-65-105 (1) SECTION 27-65-106 (1)(a).
SECTION 31. In Colorado Revised Statutes, 19-2.5-305, amend
as it will become effective July 1, 2024, (3)(b)(I) as follows:
19-2.5-305. Detention and shelter - hearing - time limits -
findings - review - confinement with adult offenders - restrictions.
(3) (b) (I) If it appears that a juvenile being held in detention or temporary
shelter may have an intellectual and developmental disability, as described
in article 10.5 of title 27, the court or detention personnel shall refer the
juvenile to the nearest case management agency, as defined in section
25.5-6-1702, for an eligibility determination. If it appears that a juvenile
being held in a detention or temporary shelter facility pursuant to this article
2.5 may have a mental health disorder, as provided in sections 27-65-105
and SECTION 27-65-106, the intake personnel or other appropriate personnel
shall contact a mental health professional to do a mental health hospital
placement prescreening on the juvenile. The court must be notified of the
contact and may take appropriate action. If a mental health hospital
placement prescreening is requested, it must be conducted in an appropriate
place accessible to the juvenile and the mental health professional. A
request for a mental health hospital placement prescreening must not extend
the time within which a detention hearing must be held pursuant to this
section. If a detention hearing has been set but has not yet occurred, the
PAGE 85-HOUSE BILL 22-1256 mental health hospital placement prescreening must be conducted prior to
the hearing; except that the prescreening must not extend the time within
which a detention hearing must be held.
SECTION 32. In Colorado Revised Statutes, 19-2.5-1114, amend
(1) as follows:
19-2.5-1114. Sentencing - placement based on special needs of
the juvenile. (1) Except as otherwise required by section 19-2.5-1127 for
an aggravated juvenile offender, the court may order that the juvenile be
examined or treated by a physician, surgeon, psychiatrist, or psychologist
or that the juvenile receive other special care and may place the juvenile in
a hospital or other suitable facility for such purposes; except that a juvenile
may not be placed in a mental health facility operated by the department of
human services until the juvenile has received a mental health placement
prescreening resulting in a recommendation that the juvenile be placed in
a facility for an evaluation pursuant to section 27-65-105 or
27-65-106, or
a hearing has been held by the court after notice to all parties, including the
department of human services. An order for a seventy-two-hour treatment
and evaluation EMERGENCY MENTAL HEALTH HOLD must not be entered
unless a hearing is held and evidence indicates that the prescreening report
is inadequate, incomplete, or incorrect and that competent professional
evidence is presented by a mental health professional that indicates that the
juvenile has a behavioral or mental health disorder. The court shall make,
prior to the hearing, orders regarding temporary custody of the juvenile as
are deemed appropriate.
SECTION 33. In Colorado Revised Statutes, 19-2.5-1525, amend
(3)(b)(III) as follows:
19-2.5-1525. Juveniles committed to department of human
services - evaluation and placement. (3) (b) (III) If the evaluation report
states that the juvenile has a mental health disorder, as described in sections
27-65-105 and SECTION 27-65-106, the department of human services shall
initiate proceedings pursuant to article 65 of title 27 and notify the court.
SECTION 34. In Colorado Revised Statutes, 19-2.5-1532, amend
(3)(a) as follows:
19-2.5-1532. Juveniles committed to department of human
PAGE 86-HOUSE BILL 22-1256 services - transfers. (3) (a) A juvenile committed to the department of
human services may be transferred temporarily to any state treatment
facility for persons with behavioral or mental health disorders or intellectual
and developmental disabilities for purposes of diagnosis, evaluation, and
emergency treatment; except that a juvenile may not be transferred to a state
treatment facility for persons with mental health disorders until the juvenile
has received a mental health hospital placement prescreening resulting in
a recommendation that the juvenile be placed in a facility for evaluation
pursuant to section 27-65-105 or
27-65-106. A juvenile committed to the
department of human services as an aggravated juvenile offender pursuant
to section 19-2.5-1127 or violent juvenile offender pursuant to section
19-2.5-1126 (1)(c) must not be transferred until the treatment facility has a
secure setting in which to house the juvenile. The period of temporary
transfer pursuant to this subsection (3)(a) must not exceed sixty days.
SECTION 35. In Colorado Revised Statutes, 19-3-401, amend
(3)(c)(II) and (3)(c)(III) as follows:
19-3-401. Taking children into custody. (3) (c) The court orders
required by subsections (3)(a) and (3)(b) of this section are not required in
the following circumstances:
(II) When the newborn child's only identifiable birth parent has been
determined by a physician, registered nurse, or qualified mental health
professional to meet the criteria specified in section 27-65-105
SECTION
27-65-106 for custody, treatment, and evaluation of a mental health disorder or grave disability;
(III) When both of the newborn child's birth parents have been
determined by a physician, registered nurse, or qualified mental health
professional to meet the criteria specified in section 27-65-105
SECTION
27-65-106 for custody, treatment, and evaluation of a mental health disorder
or grave disability; or
SECTION 36. In Colorado Revised Statutes, 19-3-403, amend as
it exists until July 1, 2024, (4)(a); and amend (4)(b), (4)(c), and (4)(d) as
follows:
19-3-403. Temporary custody - hearing - time limits - restriction
- rules. (4) (a) If it appears that any child being held in a shelter facility
PAGE 87-HOUSE BILL 22-1256 may have an intellectual and developmental disability, as provided in article
10.5 of title 27, the court shall refer the child to the nearest
community-centered board for an eligibility determination. If it appears that
any child being held in a shelter facility pursuant to the provisions of this
article 3 may have a mental health disorder, as provided in sections
27-65-105 and SECTION 27-65-106, the intake personnel or other
appropriate personnel shall contact a mental health professional to do a
mental health disorder prescreening on the child. The court shall be notified
of the contact and may take appropriate action. If a mental health disorder
prescreening is requested, it shall
MUST be conducted in an appropriate
place accessible to the child and the mental health professional. A request
for a mental health disorder prescreening must not extend the time within
which a hearing is to be held pursuant to this section. If a hearing has been
set but has not yet occurred, the mental health disorder prescreening shall
MUST be conducted prior to the hearing; except that the prescreening must
not extend the time within which a hearing is to be held pursuant to this
section.
(b) If a child has been ordered detained pending an adjudication,
disposition, or other court hearing and the child subsequently appears to
have a mental health disorder, as provided in section 27-65-105 or
27-65-106, the intake personnel or other appropriate personnel shall contact the court with a recommendation for a mental health disorder prescreening. A mental health disorder prescreening shall
MUST be conducted at any
appropriate place accessible to the child and the mental health professional
within twenty-four hours of
AFTER the request, excluding Saturdays,
Sundays, and legal holidays.
(c) If the mental health professional finds, as a result of the
prescreening, that the child may have a mental health disorder, the mental
health professional shall recommend to the court that the child be evaluated
pursuant to section 27-65-105 or
27-65-106, and the court shall proceed as
provided in section 19-3-506.
(d) Nothing in this subsection (4) precludes the use of emergency
procedures FOR AN EMERGENCY MENTAL HEALTH HOLD pursuant to section
27-65-105 SECTION 27-65-106.
SECTION 37. In Colorado Revised Statutes, 19-3-403, amend as
it will become effective July 1, 2024, (4)(a) as follows:
PAGE 88-HOUSE BILL 22-1256 19-3-403. Temporary custody - hearing - time limits -
restriction - rules. (4) (a) If it appears that any child being held in a shelter
facility may have an intellectual and developmental disability, as provided
in article 10.5 of title 27, the court shall refer the child to the nearest case
management agency, as defined in section 25.5-6-1702, for an eligibility
determination. If it appears that any child being held in a shelter facility
pursuant to this article 3 may have a mental health disorder, as provided in
sections 27-65-105 and
SECTION 27-65-106, the intake personnel or other
appropriate personnel shall contact a mental health professional to do a
mental health disorder prescreening on the child. The court must be notified
of the contact and may take appropriate action. If a mental health disorder
prescreening is requested, it must be conducted in an appropriate place
accessible to the child and the mental health professional. A request for a
mental health disorder prescreening must not extend the time within which
a hearing is to be held pursuant to this section. If a hearing has been set but
has not yet occurred, the mental health disorder prescreening must be
conducted prior to the hearing; except that the prescreening must not extend
the time within which a hearing is to be held pursuant to this section.
SECTION 38. In Colorado Revised Statutes, 19-3-506, amend
(1)(b), (1)(c), and (3)(a) as follows:
19-3-506. Child with a mental health disorder or an intellectual
and developmental disability - procedure. (1) (b) If it appears from the
evidence presented at an adjudicatory hearing or otherwise that a child may
have a mental health disorder, as defined in sections 27-65-105 and
27-65-106 SECTION 27-65-102, and the child has not had a mental health
disorder prescreening pursuant to section 19-3-403 (4), the court shall order
a prescreening to determine whether the child requires further evaluation.
The prescreening shall
MUST be conducted as expeditiously as possible, and
a prescreening report must be provided to the court within twenty-four
hours of
AFTER the prescreening, excluding Saturdays, Sundays, and legal
holidays.
(c) If the mental health professional finds, based upon a
prescreening done pursuant to this section or section 19-3-403 (4), that the
child may have a mental health disorder, as defined in section 27-65-102,
the court shall review the prescreening report within twenty-four hours,
excluding Saturdays, Sundays, and legal holidays, and order the child
placed for an evaluation at a facility designated by the executive director
PAGE 89-HOUSE BILL 22-1256 COMMISSIONER of the department of human services BEHAVIORAL HEALTH
ADMINISTRATION
for a seventy-two-hour treatment and evaluationEMERGENCY MENTAL HEALTH HOLD pursuant to section 27-65-105 or
27-65-106. On and after January 1, 1986, if the child to be placed is in a
detention facility, the designated facility shall admit the child within
twenty-four hours after the court orders an evaluation, excluding Saturdays,
Sundays, and legal holidays.
(3) (a) When the evaluation conducted pursuant to subsection (1) of
this section states that the child has a mental health disorder, as defined in
section 27-65-102, the court shall treat the evaluation report as a
certification under section 27-65-107
SECTION 27-65-109 and shall proceed
pursuant to article 65 of title 27, assuming all of the powers granted to a
court in such proceedings.
SECTION 39. In Colorado Revised Statutes, 19-3-508, amend
(1)(d)(I) as follows:
19-3-508. Neglected or dependent child - disposition -
concurrent planning. (1) When a child has been adjudicated to be
neglected or dependent, the court may enter a decree of disposition the same
day, but in any event it shall do so within forty-five days unless the court
finds that the best interests of the child will be served by granting a delay.
In a county designated pursuant to section 19-1-123, if the child is under six
years of age at the time a petition is filed in accordance with section
19-3-501 (2), the court shall enter a decree of disposition within thirty days
after the adjudication and shall not grant a delay unless good cause is shown
and unless the court finds that the best interests of the child will be served
by granting the delay. It is the intent of the general assembly that the
dispositional hearing be held on the same day as the adjudicatory hearing,
whenever possible. If a delay is granted, the court shall set forth the reasons
why a delay is necessary and the minimum amount of time needed to
resolve the reasons for the delay and shall schedule the hearing at the
earliest possible time following the delay. When the proposed disposition
is termination of the parent-child legal relationship, the hearing on
termination must not be held on the same date as the adjudication, and the
time limits set forth above for dispositional hearings do not apply. When the
proposed disposition is termination of the parent-child legal relationship,
the court may continue the dispositional hearing to the earliest available
date for a hearing in accordance with the provisions of subsection (3)(a) of
PAGE 90-HOUSE BILL 22-1256 this section and part 6 of this article 3. When the decree does not terminate
the parent-child legal relationship, the court shall approve an appropriate
treatment plan that must include but not be limited to one or more of the
following provisions of subsections (1)(a) to (1)(d) of this section:
(d) (I) The court may order that the child be examined or treated by
a physician, surgeon, psychiatrist, or psychologist or that he or she
THE
CHILD
receive other special care and may place the child in a hospital or
other suitable facility for such purposes; except that the child may not be
placed in a mental health facility operated by the department of human
services until the child has received a behavioral or mental health disorder
prescreening resulting in a recommendation that the child be placed in a
facility for evaluation pursuant to section 27-65-105 or
SECTION 27-65-106,
or a hearing has been held by the court after notice to all parties, including
the department of human services. An order for a
seventy-two-hour
treatment and evaluation AN EMERGENCY MENTAL HEALTH HOLD must not
be entered unless a hearing is held and evidence indicates that the
prescreening report is inadequate, incomplete, or incorrect and that
competent professional evidence is presented by a mental health
professional that indicates that a behavioral or mental health disorder is
present in the child. The court shall make, prior to the hearing, such orders
regarding temporary custody of the child as are deemed appropriate.
described in section 27-65-105
SECTION 27-65-106 or a voluntary
application for mental health services pursuant to section 27-65-103
OR
27-65-104. The arrangements for care must be completed through the crisis
response system or prearranged partnerships with other crisis intervention
services.
SECTION 40. In Colorado Revised Statutes, 25-3-102.1, amend
(1)(c) as follows:
25-3-102.1. Deemed status for certain facilities. (1) (c) Upon
submission of a completed application for license renewal, the department
of public health and environment shall accept proof of the accreditation in
lieu of licensing inspections or other requirements. Nothing in this section
exempts an accredited health facility from inspections or from other forms
of oversight by the department as necessary to ensure public health and
safety. N
OTHING IN THIS SECTION PREVENTS THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT FROM CONDUCTING AN INSPECTION OF A
HOSPITAL OR OTHER HEALTH FACILITY DESCRIBED IN SECTION
25-3-101 TO
PAGE 91-HOUSE BILL 22-1256 INVESTIGATE A COMPLAINT REGARDING THE PROVISIONS OF SECTION
27-65-106, 27-65-107, 27-65-109, 27-65-110, OR 27-65-119 TO THE EXTENT
THE COMPLAINT IS APPLICABLE TO HEALTH FACILITIES LICENSED BY THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
.
SECTION 41. In Colorado Revised Statutes, 27-60-104.5, amend
(3)(e)(I) as follows:
27-60-104.5. Behavioral health capacity tracking system -
legislative declaration - definitions - rules. (3) Pursuant to subsection (8)
of this section, the state department shall implement a behavioral health
capacity tracking system, which must include the following:
(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 27-65-105
SECTION 27-65-106, including
crisis stabilization units, acute treatment units, community mental health
centers, and hospitals, including state mental health institutes;
SECTION 42. In Colorado Revised Statutes, 27-62-101, amend
(1)(a), (5), and (6)(a) as follows:
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, (11.5),
or a behavioral health disorder; and
(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 (17)
(27).
PAGE 92-HOUSE BILL 22-1256 (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, (11.5),
or a behavioral health disorder; and
SECTION 43. In Colorado Revised Statutes, 27-66.5-102, amend
(3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(a)(VI) as follows:
27-66.5-102. Definitions. As used in this article 66.5, unless the
context otherwise requires:
(3) "High-risk individual" means a person who:
(a) Has a significant mental health or substance use disorder, as
evidenced by:
(I) An emergency procedure for a seventy-two-hour
MENTAL
HEALTH
hold pursuant to section 27-65-105
SECTION 27-65-106;
(II) A certification for short-term treatment or extended short-term
treatment pursuant to section 27-65-107 or 27-65-108 SECTION 27-65-109;
(III) Long-term care and treatment pursuant to section 27-65-109
SECTION 27-65-110;
(VI) Receiving voluntary behavioral health services pursuant to
section 27-65-103, 27-65-104, 27-81-109, or 27-81-110; and
SECTION 44. In Colorado Revised Statutes, 27-67-103, amend
(2)(a) as follows:
27-67-103. Definitions. As used in this article 67, unless the context
otherwise requires:
(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:
PAGE 93-HOUSE BILL 22-1256 (a) The child or youth has been diagnosed as having a mental health
disorder, as defined in section 27-65-102; (11.5);
SECTION 45. In Colorado Revised Statutes, 27-80-302, amend
(1)(a) as follows:
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 (17)
(27);
SECTION 46. In Colorado Revised Statutes, 27-80-303, amend
(3)(c) as follows:
27-80-303. Office of ombudsman for behavioral health access to
care - creation - appointment of ombudsman - duties. (3) The
ombudsman shall:
(c) Receive and assist consumers and providers in reporting
concerns and filing complaints with appropriate regulatory or oversight
agencies relating to inappropriate care, an emergency
A procedure under
section 27-65-105 FOR AN EMERGENCY MENTAL HEALTH HOLD PURSUANT TO
SECTION
27-65-106, a certification for short-term treatment under section27-65-107 PURSUANT TO SECTION 27-65-109, or a certification for long-term
care and treatment under section 27-65-109 PURSUANT TO SECTION
27-65-110;
SECTION 47. In Colorado Revised Statutes, 27-80-306, amend (4)
as follows:
27-80-306. Annual report. (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. (5.5).
SECTION 48. In Colorado Revised Statutes, 30-28-115, amend
PAGE 94-HOUSE BILL 22-1256 (2)(b.5) as follows:
30-28-115. Public welfare to be promoted - legislative
declaration - construction. (2) (b.5) The general assembly declares that
the establishment of state-licensed group homes for the exclusive use of
persons with behavioral or mental health disorders, as that term is
defined
in section 27-65-102, is a matter of statewide concern and that a
state-licensed group home for eight persons with behavioral or mental
health disorders is a residential use of property for zoning purposes, as
defined in section 31-23-301 (4). A group home for persons with behavioral
or mental health disorders established pursuant to this subsection (2)(b.5)
must not be located within seven hundred fifty feet of another such group
home or of another group home as described in subsections (2)(a) and (2)(b)
of this section, unless otherwise provided for by the county. A person must
not be placed in a group home without being screened by either a
professional person, as defined in section 27-65-102 (17)
(27), or any other
such mental health professional designated by the director of a facility,
which facility is approved by the executive director COMMISSIONER of the
department of human services pursuant to section 27-90-102 BEHAVIORAL
HEALTH ADMINISTRATION
. Persons determined to be not guilty by reason of
insanity to a violent offense must not be placed in such group homes, and
any person who has been convicted of a felony involving a violent offense
is not eligible for placement in such group homes. The provisions of
This
subsection (2)(b.5) must be implemented, where appropriate, by the rules
of the department of public health and environment concerning residential
treatment facilities for persons with behavioral or mental health disorders.
Nothing in this subsection (2)(b.5) exempts such group homes from
compliance with any state, county, or municipal health, safety, and fire
codes.
SECTION 49. In Colorado Revised Statutes, 31-23-303, amend
(2)(b.5) as follows:
31-23-303. Legislative declaration. (2) (b.5) The general assembly
declares that the establishment of state-licensed group homes for the
exclusive use of persons with behavioral or mental health disorders, as that
term is defined in section 27-65-102, is a matter of statewide concern and
that a state-licensed group home for eight persons with behavioral or mental
health disorders is a residential use of property for zoning purposes, as
defined in section 31-23-301 (4). A group home for persons with behavioral
PAGE 95-HOUSE BILL 22-1256 or mental health disorders established pursuant to this subsection (2)(b.5)
must not be located within seven hundred fifty feet of another such group
home, unless otherwise provided for by the municipality. A person must not
be placed in a group home without being screened by either a professional
person, as defined in section 27-65-102 (17)
(27), or any other such mental
health professional designated by the director of a facility approved by the
executive director
COMMISSIONER of the department of human services
pursuant to section 27-90-102 BEHAVIORAL HEALTH ADMINISTRATION .
Persons determined to be not guilty by reason of insanity to a violent
offense must not be placed in such group homes, and any person who has
been convicted of a felony involving a violent offense is not be eligible for
placement in such group homes. The provisions of
This subsection (2)(b.5)
must be implemented, where appropriate, by the rules of the department of
public health and environment concerning residential treatment facilities for
persons with behavioral or mental health disorders. Nothing in this
subsection (2)(b.5) exempts such group homes from compliance with any
state, county, or municipal health, safety, and fire codes.
SECTION 50. In Colorado Revised Statutes, 42-2-116, amend (5)
as follows:
42-2-116. Restricted license. (5) The department is authorized
after examination to issue a restricted license to a person with a behavioral
or mental health disorder or an intellectual and developmental disability,
containing such restrictions as may be imposed upon said person by a court
pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-109 (4)
SECTION 27-65-110 (4) or 27-65-127.
SECTION 51. In Colorado Revised Statutes, 42-2-125, amend
(1)(h) as follows:
42-2-125. Mandatory revocation of license and permit. (1) The
department shall immediately revoke the license or permit of any driver or
minor driver upon receiving a record showing that the driver has:
(h) Been determined to be mentally incompetent by a court of
competent jurisdiction and for whom a court has entered, pursuant to part
3 or part 4 of article 14 of title 15 C.R.S.,
or section 27-65-109 (4) SECTION
27-65-110 (4) or 27-65-127, C.R.S., an order specifically finding that the
mental incompetency is of such a degree that the person is incapable of
PAGE 96-HOUSE BILL 22-1256 safely operating a motor vehicle;
SECTION 52. In Colorado Revised Statutes, 25-3.5-103, amend
(11.4)(b)(I) as follows:
25-3.5-103. Definitions. As used in this article 3.5, unless the
context otherwise requires:
(11.4) (b) Secure transportation includes:
(I) For an individual being transported pursuant to section
27-65-103 or 27-65-105 (1) SECTION 27-65-104 OR 27-65-106 (1),
transportation from the community to a facility designated by the executive
director COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION IN
the department of human services for treatment and evaluation pursuant to article 65 of title 27;
SECTION 53. In Colorado Revised Statutes, 25.5-4-103, amend
as it exists until July 1, 2024, (3) as follows:
25.5-4-103. Definitions. As used in this article 4 and articles 5 and
6 of this title 25.5, unless the context otherwise requires:
(3) "Case management services" means services provided by
community-centered boards, as defined by
IN section 25.5-10-202, and
community mental health centers and community mental health clinics, as
defined by
IN section 27-66-101, to assist persons with intellectual and
developmental disabilities, as defined by IN section 25.5-10-202, and
persons with mental health disorders, as defined by IN section 27-65-102,
(11.5), by case management agencies, as defined in section 25.5-6-303 (5),
providing case management services, as defined in sections 25.5-6-104
(2)(b) and 25.5-6-303 (6), to persons with a disability, persons who are
elderly or blind, and long-term care clients, in gaining access to needed
medical, social, educational, and other services.
SECTION 54. In Colorado Revised Statutes, 26-20-103, amend (3)
as follows:
26-20-103. Basis for use of restraint or seclusion. (3) In addition
to the circumstances described in subsection (1) of this section, a facility,
PAGE 97-HOUSE BILL 22-1256 as defined in section 27-65-102, (7), that is designated by the executive
director of COMMISSIONER OF THE BEHAVIORAL HEALTH ADMINISTRATION
IN
the state department to provide treatment pursuant to section 27-65-105,27-65-106, 27-65-107, or 27-65-109 SECTION 27-65-106, 27-65-108,
27-65-109,
OR 27-65-110 to an individual with a mental health disorder, as
defined in section 27-65-102, (11.5),
may use seclusion to restrain an
individual with a mental health disorder when the seclusion is necessary to
eliminate a continuous and serious disruption of the treatment environment.
SECTION 55. In Colorado Revised Statutes, 27-60-104, amend (3)
as follows:
27-60-104. Behavioral health crisis response system - crisis
service facilities - walk-in centers - mobile response units - report.
(3) (a) On or before January 1, 2018,
All walk-in centers throughout the
state's crisis response system must be appropriately designated by the
executive director
COMMISSIONER for a seventy-two-hour treatment and
evaluation AN EMERGENCY MENTAL HEALTH HOLD , adequately prepared, and
properly staffed to accept an individual through the emergency mental
health procedure outlined in section 27-65-105 SECTION 27-65-106 or a
voluntary application for mental health services pursuant to section
27-65-103 SECTION 27-65-103 OR 27-65-104. Priority for individuals
receiving emergency placement PLACED UNDER AN EMERGENCY MENTAL
HEALTH HOLD
pursuant to section 27-65-105
SECTION 27-65-106 is on
treating high-acuity individuals in the least restrictive environment without
the use of law enforcement.
(b) Increasing the ability of walk-in centers to accept individuals
through the
AN emergency mental health procedure HOLD outlined in section
27-65-105 SECTION 27-65-106 or a voluntary application for mental health
services pursuant to section 27-65-103 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.
SECTION 56. Repeal of nonrelocated provisions in this act. In
Colorado Revised Statutes, repeal 27-65-102 (14), 27-65-105 (6),
27-65-106 (1), 27-65-106 (7), 27-65-106 (8), 27-65-106 (9), 27-65-106
(10), 27-65-117 (1)(b), 27-65-117 (1)(c), 27-65-125, and 27-65-126.
PAGE 98-HOUSE BILL 22-1256 SECTION 57. Appropriation. (1) For the 2022-23 state fiscal
year, $522,433 is appropriated to the department of human services. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $345,007 for use by the behavioral health administration for
program costs, which amount is based on an assumption that the
administration will require an additional 4.5 FTE; and
(b) $177,426 for the purchase of legal services.
(2) For the 2022-23 state fiscal year, $177,426 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of human services under subsection (1)(b) of this
section and is based on an assumption that the department of law will
require an additional 1.0 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
human services.
(3) For the 2022-23 state fiscal year, $86,700 is appropriated to the
judicial department. This appropriation is from the general fund. To
implement this act, the department may use this appropriation for court
costs, jury costs, and court-appointed counsel.
SECTION 58. Act subject to petition - effective date. Sections 2
and 5 of this act take effect July 1, 2023, sections 27-65-108 and 27-65-111,
as enacted in section 1 of this act, and sections 3 and 4 of this act take effect
July 1, 2024, and the remainder of this act takes effect at 12:01 a.m. on the
day following the expiration of the ninety-day period after final
adjournment of the general assembly; except that, if a referendum petition
is filed pursuant to section 1 (3) of article V of the state constitution against
this act or an item, section, or part of this act within such period, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2022 and, in such case, will
take effect on the date of the official declaration of the vote thereon by the
governor; except that sections 2 and 5 of this act take effect July 1, 2023,
PAGE 99-HOUSE BILL 22-1256 sections 27-65-108 and 27-65-111, as enacted in section 1 of this act, and
sections 3 and 4 of this act take effect July 1, 2024.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 100-HOUSE BILL 22-1256