Colorado 2025 Regular Session

Colorado House Bill HB1087 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0049.01 Josh Schultz x5486
8	8		HOUSE BILL 25-1087
9	9		House Committees Senate Committees
10	10		Health & Human Services Health & Human Services
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING CONFIDENTIALITY RE QUIREMENTS FOR INDIVIDUALS101
14	14		PROVIDING MENTAL HEALTH SUPPORT .102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		The bill prohibits a peer support team member from disclosing,
23	23		without the consent of the recipient of peer support (recipient), the
24	24		confidential communications made by the recipient during a peer support
25	25		interaction, with specified exceptions. With respect to an exception for
26	26		which disclosure is permissible, a peer support team member who
27	27		discloses or does not disclose a communication with a recipient is not
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 4, 2025
31		-	SENATE
32	29		Amended 2nd Reading
33	30		April 3, 2025
34	31		HOUSE
35	32		3rd Reading Unamended
36	33		February 27, 2025
37	34		HOUSE
38	35		Amended 2nd Reading
39	36		February 26, 2025
40	37		HOUSE SPONSORSHIP
41	38		Armagost and Bird, Barron, Boesenecker, Bradley, Duran, Garcia Sander, Gonzalez R.,
42	39		Hamrick, Johnson, Keltie, Lieder, Lindsay, Lukens, Marshall, McCluskie, McCormick,
43	40		Rydin, Smith, Stewart K., Titone, Weinberg, Winter T.
44	41		SENATE SPONSORSHIP
45		-	Pelton R. and Michaelson Jenet, Amabile, Ball, Catlin, Coleman, Cutter, Gonzales J.,
46		-	Jodeh, Kipp, Liston, Marchman, Rodriguez, Wallace, Winter F.
	42	+	Pelton R. and Michaelson Jenet,
47	43		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48	44		Capital letters or bold & italic numbers indicate new material to be added to existing law.
49	45		Dashes through the words or numbers indicate deletions from existing law. liable for damages in a civil action for disclosing or not disclosing the
50	46		communication.
51	47		The bill expands an exception allowing specified mental health
52	48		professionals to disclose confidential information when a recipient makes
53	49		a threat against an individual or makes a threat that, if carried out, would
54	50		result in harm to an individual.
55	51		Be it enacted by the General Assembly of the State of Colorado:1
56	52		SECTION 1. In Colorado Revised Statutes, add 12-30-125 as2
57	53		follows:3
58	54		12-30-125. Peer support team members - disclosure of4
59	55		confidential information - not regulated by division - definitions.5
60	56		(1) (a) A PEER SUPPORT TEAM MEMBER SHALL NOT DISCLOSE, WITHOUT6
61	57		THE CONSENT OF THE RECIPIENT OF PEER SUPPORT SERVICES , THE7
62	58		CONFIDENTIAL COMMUNICATIONS THAT ARE MADE BY THE RECIPIENT8
63	59		DURING A PEER SUPPORT INTERACTION. A RECIPIENT OF PEER SUPPORT9
64	60		SERVICES WHO PARTICIPATES IN GROUP PEER SUPPORT SERVICES SHALL10
65	61		NOT DISCLOSE INFORMATION THAT WAS COMMUNICATED BY OTHER11
66	62		RECIPIENTS OF GROUP PEER SUPPORT SERVICES DURING THE COURSE OF12
67	63		GROUP PEER SUPPORT SERVICES WITHOUT THE CONSENT OF THE13
68	64		INDIVIDUAL TO WHOM THE INFORMATION RELATES .14
69	65		(b) SUBSECTION (1)(a) OF THIS SECTION APPLIES ONLY TO15
70	66		COMMUNICATIONS MADE DURING INTERACTIONS IN WHICH A PEER16
71	67		SUPPORT TEAM MEMBER IS:17
72	68		(I) ACTING IN THE INDIVIDUAL'S OFFICIAL CAPACITY AS A PEER18
73	69		SUPPORT TEAM MEMBER OF THE PEER SUPPORT ORGANIZATION ; AND19
74	70		(II) FUNCTIONING WITHIN THE WRITTEN PEER SUPPORT GUIDELINES20
75	71		THAT ARE IN EFFECT FOR THE PEER SUPPORT ORGANIZATION .21
76	72		(c) SUBSECTION (1)(a) OF THIS SECTION DOES NOT APPLY IN CASES22
77	73		1087-2- IN WHICH:1
78	74		(I) A PEER SUPPORT TEAM MEMBER WAS A WITNESS OR A PARTY TO2
79	75		AN INCIDENT THAT PROMPTED THE DELIVERY OF PEER SUPPORT SERVICES;3
80	76		(II) A RECIPIENT OF PEER SUPPORT SERVICES ADMITS TO4
81	77		COMMITTING A CRIME OR PROVIDES INFORMATION PERTAINING TO THE5
82	78		INDIVIDUAL'S SELF OR OTHERS THAT IS INDICATIVE OF CRIMINAL CONDUCT,6
83	79		INCLUDING A COMMITTED CRIME, A PLAN OR INTENTION TO COMMIT A7
84	80		CRIME, OR A PLAN OR INTENTION TO CONCEAL A CRIME ;8
85	81		(III) IN RELATION TO A RECIPIENT OF PEER SUPPORT SERVICES, ONE9
86	82		OR MORE OF THE CRITERIA DESCRIBED IN SECTION 13-90-107 (1)(m)(V)10
87	83		ARE MET;11
88	84		(IV) A RECIPIENT OF PEER SUPPORT SERVICES MAKES AN12
89	85		ARTICULABLE AND SIGNIFICANT THREAT AGAINST , OR EXHIBITS13
90	86		BEHAVIORS THAT IN THE REASONABLE JUDGMENT OF A PEER SUPPORT14
91	87		TEAM MEMBER CREATE AN ARTICULABLE AND SIGNIFICANT THREAT15
92	88		AGAINST, THE HEALTH OR SAFETY OF ANOTHER INDIVIDUAL , INCLUDING16
93	89		UNIDENTIFIED INDIVIDUALS BELONGING TO AN IDENTIFIABLE GROUP , SUCH17
94	90		AS A GROUP OF SCHOOL STUDENTS, TEACHERS, ADMINISTRATORS, OR18
95	91		OTHER SCHOOL PERSONNEL ; OR19
96	92		(V) A RECIPIENT OF PEER SUPPORT SERVICES MAKES AN20
97	93		ARTICULABLE AND SIGNIFICANT THREAT INVOLVING , OR EXHIBITS21
98	94		BEHAVIORS THAT IN THE REASONABLE JUDGMENT OF A PEER SUPPORT22
99	95		TEAM MEMBER CREATE AN ARTICULABLE AND SIGNIFICANT THREAT23
100	96		INVOLVING, THE DAMAGE OR DESTRUCTION OF PRIVATE OR PUBLIC24
101	97		PROPERTY, INCLUDING A SCHOOL, BUILDING, STRUCTURE, OR NATURAL25
102	98		AREA.26
103	99		(d) A PEER SUPPORT TEAM MEMBER WHO DISCLOSES INFORMATION27
104	100		1087
105	101		-3- UNDER SUBSECTION (1)(c) OF THIS SECTION SHALL LIMIT THE DISCLOSURE1
106	102		TO THE APPROPRIATE INDIVIDUAL, SCHOOL OR SCHOOL DISTRICT2
107	103		PERSONNEL, AND LAW ENFORCEMENT AGENCIES .3
108	104		(e) A PEER SUPPORT TEAM MEMBER WHO DISCLOSES OR DOES NOT4
109	105		DISCLOSE A CONFIDENTIAL COMMUNICATION WITH A RECIPIENT OF PEER5
110	106		SUPPORT SERVICES IN ACCORDANCE WITH SUBSECTION (1)(c) OF THIS6
111	107		SECTION IS NOT LIABLE FOR DAMAGES IN A CIVIL ACTION FOR DISCLOSING7
112	108		OR NOT DISCLOSING THE COMMUNICATION .8
113	109		(2) (a) AN INDIVIDUAL ENGAGING IN PEER SUPPORT SERVICES AS9
114	110		A PEER SUPPORT TEAM MEMBER IS NOT SUBJECT TO LICENSURE ,10
115	111		CERTIFICATION, REGISTRATION, OR OTHER REGULATION BY THE DIVISION11
116	112		OR THE DEPARTMENT FOR THE INDIVIDUAL'S ROLE AS A PEER SUPPORT12
117	113		TEAM MEMBER; HOWEVER, THE INDIVIDUAL MAY BE SUBJECT TO13
118	114		LICENSURE, CERTIFICATION, REGISTRATION, OR OTHER REGULATION FOR14
119	115		ACTIVITIES REGULATED BY THE DIVISION OR THE DEPARTMENT .15
120	116		(b) AN INDIVIDUAL ENGAGING IN PEER SUPPORT SERVICES AS A16
121	117		PEER SUPPORT TEAM MEMBER IS NOT SUBJECT TO DISCIPLINE ,17
122	118		ENFORCEMENT, OR REVIEW PURSUANT TO PART 4 OF ARTICLE 20 OF THIS18
123	119		TITLE 12 FOR THE INDIVIDUAL'S ROLE AS A PEER SUPPORT TEAM MEMBER;19
124	120		HOWEVER, THE INDIVIDUAL MAY BE SUBJECT TO DISCIPLINE ,20
125	121		ENFORCEMENT, OR REVIEW FOR ACTIVITIES REGULATED BY THE DIVISION21
126	122		OR THE DEPARTMENT.22
127	123		(3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE23
128	124		REQUIRES:24
129	125		(a) "GROUP PEER SUPPORT SERVICES" HAS THE MEANING SET25
130	126		FORTH IN SECTION 13-90-107 (1)(m)(III)(D).26
131	127		(b) "PEER SUPPORT TEAM MEMBER" MEANS A DISTRICT ATTORNEY27
132	128		1087
133	129		-4- OR PUBLIC DEFENDER PEER SUPPORT TEAM MEMBER, AS DEFINED IN1
134	130		SECTION 13-90-107 (1)(m)(III)(B); AN EMERGENCY MEDICAL SERVICE2
135	131		PROVIDER OR RESCUE UNIT PEER SUPPORT TEAM MEMBER, AS DEFINED IN3
136	132		SECTION 13-90-107 (1)(m)(III)(C); OR A LAW ENFORCEMENT OR4
137	133		FIREFIGHTER PEER SUPPORT TEAM MEMBER, AS DEFINED IN SECTION5
138	134		13-90-107 (1)(m)(III)(E).6
139	135		(4) N
140	136		OTHING IN THIS SECTION PROHIBITS ANY OTHER DISCLOSURES
141	137		7
142	138		REQUIRED BY LAW.8
143	139		SECTION 2. In Colorado Revised Statutes, 12-245-220, amend9
144	140		(2) introductory portion, (2)(d)(I), and (2)(d)(II) as follows:10
145	141		12-245-220. Disclosure of confidential communications -11
146	142		definitions. (2) Subsection (1) of this section does not apply and a person12
147	143		LICENSEE, REGISTRANT, OR CERTIFICATE HOLDER may disclose13
148	144		confidential information when:14
149	145		(d) (I) A client, regardless of age:15
150	146		(A) Makes an articulable and significant threat against a school or16
151	147		the occupants of a school AN INDIVIDUAL OR THEMSELF OR MAKES AN17
152	148		ARTICULABLE AND SIGNIFICANT THREAT THAT, IF CARRIED OUT, WOULD18
153	149		RESULT IN HARM TO AN INDIVIDUAL OR THEMSELF ; or19
154	150		(B) Exhibits behaviors that, in the reasonable judgment of the20
155	151		licensee, registrant, or certificate holder, create an articulable and21
156	152		significant threat to the health or safety of students, teachers,22
157	153		administrators, or other school personnel AN INDIVIDUAL OR THEMSELF.23
158	154		(II) A licensee, registrant, or certificate holder who discloses24
159	155		information under this subsection (2)(d) shall limit the disclosure to25
160	156		appropriate school or school district personnel, and law enforcement26
161	157		agencies,
162	158		AND THE INDIVIDUAL WHO IS THE SUBJECT OF THE THREAT .
163	159		27
164	160		1087
165	161		-5- School or school district personnel to whom the information is disclosed1
166	162		shall maintain confidentiality of the disclosed information, regardless of2
167	163		whether the information constitutes an education record subject to3
168	164		FERPA, consistent with the requirements of FERPA and regulations and4
169	165		applicable guidelines adopted under FERPA, but may disclose5
170	166		information in accordance with section 1232g (b)(1) of FERPA and 346
171	167		CFR 99.36 if necessary to protect the health or safety of students or other7
172	168		persons.8
173	169		SECTION 3. Act subject to petition - effective date. This act9
174	170		takes effect at 12:01 a.m. on the day following the expiration of the10
175	171		ninety-day period after final adjournment of the general assembly; except11
176	172		that, if a referendum petition is filed pursuant to section 1 (3) of article V12
177	173		of the state constitution against this act or an item, section, or part of this13
178	174		act within such period, then the act, item, section, or part will not take14
179	175		effect unless approved by the people at the general election to be held in15
180	176		November 2026 and, in such case, will take effect on the date of the16
181	177		official declaration of the vote thereon by the governor.17
182	178		1087
183	179		-6-