Title 27, Behavioral Health
0 chapters · 173 sections in this title.
Colo. Rev. Stat. § 27-80-202 Legislative declaration
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The general assembly finds, determines, and declares that strict control of controlled substances within this state is necessary for the immediate and future preservation of the public peace, health, and safety and that the licensing, record-keeping, penalty, and other provisions…
Colo. Rev. Stat. § 27-80-203 Definitions
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As used in this part 2, unless the context otherwise requires: (1) and (2) Repealed. (3) Administer means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient. (4) Agent means an authorized person who …
Colo. Rev. Stat. § 27-80-204 License required - controlled substances - repeal
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(1) (a) In accordance with part 3 of article 18 of title 18, a substance use disorder treatment program that compounds, administers, or dispenses a controlled substance shall annually obtain a license issued by the BHA for each place of business or professional practice located i…
Colo. Rev. Stat. § 27-80-205 Issuance of license - fees
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(1) The BHA, as provided in section 27-80-204 (1), shall issue the appropriate license to each substance use disorder treatment program meeting all the requirements of this part 2 unless it determines that the issuance of the license would be inconsistent with the public interest…
Colo. Rev. Stat. § 27-80-206 Controlled substances program fund - disposition of fees
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There is created in the state treasury the controlled substances program fund. The BHA shall transmit all money it collects pursuant to this part 2 to the state treasurer, who shall credit the money to the controlled substances program fund. The general assembly shall annually ap…
Colo. Rev. Stat. § 27-80-207 Qualifications for license
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(1) An applicant for a license under this part 2 shall have adequate and proper facilities for the handling and storage of controlled substances and shall maintain proper control over the controlled substances to ensure the controlled substances are not illegally dispensed or dis…
Colo. Rev. Stat. § 27-80-209 Exemptions
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(1) The provisions of section 18-18-414, C.R.S., do not apply to: (a) Agents of persons licensed under this part 2 or under part 3 of article 18 of title 18, C.R.S., acting within the provisions of their licenses; or (b) Officers or employees of appropriate agencies of federal, s…
Colo. Rev. Stat. § 27-80-210 Records to be kept - order forms
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(1) Each person licensed or otherwise authorized under this part 2 or other laws of this state to manufacture, purchase, distribute, dispense, administer, store, or otherwise handle controlled substances shall keep and maintain separate detailed and accurate records and inventori…
Colo. Rev. Stat. § 27-80-211 Enforcement and cooperation
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(1) Each peace officer and district attorney in this state shall enforce this part 2 and shall cooperate with all agencies charged with the enforcement of the laws of this state, all other states, and the United States relating to controlled substances. (2) The BHA shall cooperat…
Colo. Rev. Stat. § 27-80-212 Records confidential
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Prescriptions, orders, and records required by this part 2 and stocks of controlled substances are open for inspection only to federal, state, county, and municipal officers whose duty it is to enforce the laws of this state or of the United States relating to controlled substanc…
Colo. Rev. Stat. § 27-80-213 Rules - policies
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(1) The BHA shall update rules and promulgate new rules, as necessary and pursuant to article 4 of title 24, to implement this part 2. The BHA shall make the rules available to the public on its website. (2) The BHA shall promulgate rules, in accordance with article 4 of title 24…
Colo. Rev. Stat. § 27-80-214 Defenses
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The common law defense known as the procuring agent defense is not a defense to any crime in this part 2 or in title 18, C.R.S. Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1608, � 5, effective July 1. Editor's note: This section is similar to fo…
Colo. Rev. Stat. § 27-80-215 Central registry - registration required - notice - repeal
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(1) (a) On or before July 1, 2020, the BHA shall develop or procure a secure online central registry, referred to in this section as the registry, to register patients treated in a substance use disorder treatment program. (b) The BHA shall operate and maintain the registry or en…
Colo. Rev. Stat. § 27-80-216 Policy verifying identity
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The BHA shall establish a policy on how a substance use disorder treatment program must verify the identity of individuals initiating into detoxification, withdrawal, or maintenance treatment for a substance use disorder. The BHA policy must include verification requirements for …
Colo. Rev. Stat. § 27-80-301 Short title
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The short title of this part 3 is the Behavioral Health Access to Care Ombudsman Act. Source: L. 2018: Entire part added, (HB 18-1357), ch. 252, p. 1548, � 1, effective August 8.
Colo. Rev. Stat. § 27-80-302 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Health-care provider or provider means: (a) A professional person, as defined in section 27-65-102 (27); (b) A mental health professional licensed or certified under article 245 of title 12; (c) Any other health-c…
Colo. Rev. Stat. § 27-80-304 Liaisons - department - commissioner of insurance
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The commissioner of insurance and the executive director of the department shall each appoint a liaison to the ombudsman to receive reports of concerns, complaints, and potential violations described in section 27-80-303 (3)(b) from the ombudsman, consumers, or health-care provid…
Colo. Rev. Stat. § 27-80-305 Qualified immunity
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The ombudsman and employees or persons acting on behalf of the office are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property, or for personal injury or other civil liability caused by or arising out o…
Colo. Rev. Stat. § 27-80-306 Annual report
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(1) On or before September 1, 2020, and on or before September 1 of each year thereafter, the ombudsman shall prepare and submit, in accordance with subsection (2) of this section, a written report that includes information from the preceding fiscal year concerning actions taken …
Colo. Rev. Stat. § 27-81-101 Legislative declaration
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(1) The general assembly recognizes the character and pervasiveness of substance use disorders and that substance use disorders are serious problems. The general assembly further finds and declares that these problems have been very seriously neglected and that the social and eco…
Colo. Rev. Stat. § 27-81-102 Definitions
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As used in this article 81, unless the context otherwise requires: (1) Administrator means the administrator of an approved treatment facility or an individual authorized in writing to act as the administrator's designee. (1.2) Alcohol use disorder means a chronic relapsing brain…
Colo. Rev. Stat. § 27-81-103 Powers of the behavioral health administration
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(1) To carry out the purposes of this article 81, the BHA may: (a) Plan, establish, and maintain substance use disorder treatment programs as necessary or desirable; (b) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, inclu…
Colo. Rev. Stat. § 27-81-104 Duties of the behavioral health administration - review
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(1) The BHA shall: (a) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs, i…
Colo. Rev. Stat. § 27-81-105 Comprehensive program for treatment - regional facilities
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(1) The BHA shall establish a comprehensive and coordinated program for the treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs. (2) Insofar as money available to the BHA permits, the program established in s…
Colo. Rev. Stat. § 27-81-107.5 Licensure. (Repealed)
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Source: L. 2019: Entire section added, (HB 19-1237), ch. 413, p. 3645, � 23, effective July 1, 2022. L. 2022: Entire section repealed, (HB 22-1278), ch. 222, p. 1571, � 182, effective July 1.
Colo. Rev. Stat. § 27-81-108 Acceptance for treatment - rules
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(1) The commissioner shall adopt and may amend and repeal rules for acceptance of persons into the substance use disorder treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of persons with substance use di…
Colo. Rev. Stat. § 27-81-109 Voluntary treatment of persons with substance use disorders
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(1) A person with a substance use disorder, including a minor, may apply for voluntary treatment directly to an approved treatment facility. (2) Subject to rules adopted by the commissioner, the administrator in charge of an approved treatment facility shall determine who is admi…
Colo. Rev. Stat. § 27-81-111 Emergency commitment
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(1) (a) When a person is under the influence of or incapacitated by substances and is clearly dangerous to the health and safety of the person's self or others, law enforcement authorities or an emergency service patrol, acting with probable cause, shall take the person into prot…
Colo. Rev. Stat. § 27-81-114 Rights of persons receiving evaluation, care, or treatment
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(1) A facility shall immediately advise each person receiving evaluation, care, or treatment under any provision of this article 81, orally and in writing, that the person has and is afforded the following rights: (a) To be evaluated to determine the person's behavioral health tr…
Colo. Rev. Stat. § 27-81-115 Emergency service patrol - establishment - rules
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(1) The BHA and cities, counties, city and counties, and regional service authorities may establish emergency service patrols. A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated by alcohol, under the in…
Colo. Rev. Stat. § 27-81-116 Payment for treatment - financial ability of patients
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(1) If treatment is provided by an approved public treatment facility and the patient, including a committed person, has not paid the charge therefor, the approved treatment facility is entitled to any payment received by the patient or to which the patient may be entitled becaus…
Colo. Rev. Stat. § 27-81-117 Criminal laws - limitations
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(1) A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a person with an alcohol use disorder, or being found in an intoxicated condition as one of the el…
Colo. Rev. Stat. § 27-82-201 Legislative declaration
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The general assembly finds and declares that facilities that provide treatment to individuals with a substance use disorder, including medication-assisted treatment, and clinics that provide obstetric and gynecological health-care services would better serve pregnant and postpart…
Colo. Rev. Stat. § 27-82-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Behavioral health administration or BHA means the behavioral health administration established in section 27-50-102. (1.5) Clinic means a site that provides obstetric and gynecological health care. (2) Licensed he…
Colo. Rev. Stat. § 27-82-204 Funding for pilot program
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(1) (a) For the 2021-22 fiscal year, and each fiscal year thereafter, the general assembly shall appropriate money from the marijuana tax cash fund created in section 39-28.8-501 (1) to the BHA to implement the pilot program. The BHA may use a portion of the money annually approp…
Colo. Rev. Stat. § 27-82-205 Repeal of part. (Repealed)
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Source: L. 2019: Entire part added, (SB 19-228), ch. 276, p. 2609, � 13, effective May 23. L. 2021: Entire section repealed, (SB 21-137), ch. 362, p. 2387, � 36, effective June 28. Cross references: For the short title (Behavioral Health Recovery Act of 2021) and the legislative …
Colo. Rev. Stat. § 27-90-100.3 Definitions
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As used in this article, unless the context otherwise requires: (1) Department means the department of human services created in section 26-1-105, C.R.S. (2) Executive director means the executive director of the department of human services. Source: L. 2010: Entire article added…
Colo. Rev. Stat. § 27-90-103 State board of human services - rules
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(1) The state board of human services, created in section 26-1-107, C.R.S., is authorized to adopt board rules as necessary to implement the programs administered and the services provided by the department as provided in this title. The rules shall be promulgated in accordance w…
Colo. Rev. Stat. § 27-90-104 Institutions managed, supervised, and controlled
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(1) The department shall manage, supervise, and control the following state institutions: (a) Colorado mental health institute at Pueblo; (b) Wheat Ridge regional center; (c) Grand Junction regional center; (d) Lookout Mountain school, at Golden; (e) Mount View school, at Morriso…
Colo. Rev. Stat. § 27-90-105 Future juvenile detention facility needs
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(1) (a) The general assembly hereby finds and declares that currently there are no juvenile detention facilities with commitment beds or locked detention beds in the southwest portion of Colorado and that the nearest such facility in the Grand Junction or Glenwood Springs area is…
Colo. Rev. Stat. § 27-90-107 Transfer of functions
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(1) The department has the authority to execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the board of control of the state children's home, the board of control of the Mount View girls' school, and the division of administ…
Colo. Rev. Stat. § 27-90-109 Department may accept gifts, donations, and grants
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The department or any institution managed, supervised, and controlled by the department may accept or refuse to accept, on behalf of and in the name of the state, gifts, donations, and grants, including grants of federal funds, for any purpose connected with the work or programs …
Colo. Rev. Stat. § 27-90-110 Rules for this article 90 and certain provisions in title 19
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Pursuant to section 24-4-103, the department shall promulgate such rules as are necessary to implement the provisions of this article 90 and the procedures specified in sections 19-2.5-305, 19-2.5-1102, 19-2.5-1525, 19-2.5-1532, 19-3-403, 19-3-506, 19-3-507, and 19-3-508 regardin…
Colo. Rev. Stat. § 27-90-112 Youth neuro-psych facility - funding - repeal
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(1) Beginning July 1, 2022, the department of human services shall begin the process to create, develop, or contract for a neuro-psych facility. The neuro-psych facility must have a capacity of at least sixteen residential beds for Colorado youth who are less than twenty-one year…
Colo. Rev. Stat. § 27-91-101 Legislative declaration
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The purpose of this section and section 27-91-102 is to provide for the payment of actual expenses only, in lieu of stated salaries and mileage, to all members of boards of control of state institutions. Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188…
Colo. Rev. Stat. § 27-91-102 Boards of control entitled only to actual expenses
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A member of a board of control, trustees, or commissioners of all institutions supported by or under the patronage and control of the state shall receive as compensation for his or her services only actual expenses incurred in attendance upon and in going to and returning from ea…
Colo. Rev. Stat. § 27-91-103 Debts in excess of appropriation - emergencies
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The various officers designated by law to control and direct the fiscal affairs of the several state institutions shall not contract within any year any indebtedness in excess of the amount named in any appropriation made for the support of any state institution during that time;…
Colo. Rev. Stat. § 27-91-104 The term officer includes members of boards
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The term officer as used in section 27-91-105 includes any member of the various boards created by law to govern or supervise the respective state institutions. Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 768, � 2, effective April 29. Editor's…
Colo. Rev. Stat. § 27-91-105 Indebtedness limited to appropriation
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It is unlawful for any officer of any state institution of this state to incur or contract any indebtedness for, on behalf of, or in the name of the state institution or in the name of the state in excess of the sum appropriated by the general assembly for the use or support of t…
Colo. Rev. Stat. § 27-91-106 Violation - penalty
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Any person who violates any of the provisions of section 27-91-105 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars. Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 769, � …