Substance Use Disorders Education, Prevention, and Treatment

C.R.S. tit. 27, art. 81

in effect

C.R.S. § 27-81-101 Legislative declaration

27-81-101. Legislative declaration. (1) The general assembly recognizes the character and pervasiveness of substance use disorders and that substance use disorders are serious problems. The general assembly further finds and declares that these problems have been very seriously neglected and that the social and economic costs and the waste of human resources caused by substance use disorders are massive, tragic, and no longer acceptable. The general assembly believes that the best interests of this state demand an across-the-board, locally oriented attack on the massive problems of drug abuse and substance use disorders. The attack includes prevention, education, and treatment, and this article 81 provides a base from which to launch the attack and reduce the tragic human loss. (2) It is the policy of this state that persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs should be afforded treatment so they may lead normal lives as productive members of society. The general assembly finds and declares that substance use disorders are matters of statewide concern.

C.R.S. § 27-81-102 Definitions

27-81-102. Definitions. As used in this article 81, unless the context otherwise requires: (1) "Administrator" means the administrator of an approved treatment facility or an individual authorized in writing to act as the administrator's designee. (1.2) "Alcohol use disorder" means a chronic relapsing brain disease characterized by recurrent use of alcohol causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, and home. (2) "Approved private treatment facility" means a private agency meeting the standards prescribed in section 27-81-106 (1) and approved under section 27-81-106. (3) "Approved public treatment facility" means a treatment agency operating under the direction and control of or approved by the BHA or providing treatment pursuant to this article 81 through a contract with the BHA pursuant to section 27-81-105 (7) and meeting the standards prescribed in section 27-81-106 (1) and approved pursuant to section 27-81-106. (3.3) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102. (3.5) "Behavioral health entity" has the same meaning as defined in section 27-50-101. (3.7) "Commissioner" means the commissioner of the behavioral health administration. (4) "Court" means the district court in the county in which the person named in a petition filed pursuant to this article resides or is physically present. In the city and county of Denver, "court" means the probate court. (5) "Department" means the department of human services created in section 26-1-105, C.R.S. (6) Repealed. (6.5) "Drug" means a controlled substance, as defined in section 18-18-102 (5), and toxic vapors. (6.8) "Emergency medical services facility" has the same meaning as set forth in section 27-65-102. (7) "Emergency service patrol" means a patrol established under section 27-81-115. (8) Repealed. (9) "Incapacitated by alcohol" means that a person, as a result of the use of alcohol, is unconscious, has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment, is unable to take care of his or her basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions about himself or herself. (9.2) "Incapacitated by drugs" means that a person, as a result of the use of drugs, is unconscious or has judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, is unable to take care of basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions concerning himself or herself. (9.4) "Incapacitated by substances" means that a person is incapacitated by alcohol or is incapacitated by drugs. (10) Repealed. (11) "Intoxicated person" or "person intoxicated by alcohol" means a person whose mental or physical functioning is temporarily but substantially impaired as a result of the presence of alcohol in his or her body. (12) "Licensed physician" means either a physician licensed by the state of Colorado or a hospital-licensed physician employed by the admitting facility. ated by drugs. (10) Repealed. (11) "Intoxicated person" or "person intoxicated by alcohol" means a person whose mental or physical functioning is temporarily but substantially impaired as a result of the presence of alcohol in his or her body. (12) "Licensed physician" means either a physician licensed by the state of Colorado or a hospital-licensed physician employed by the admitting facility. (13) "Minor" means a person under the age of eighteen years. (13.5) Repealed. (13.6) "Person under the influence of drugs" means any person whose mental or physical functioning is temporarily but substantially impaired as a result of the presence of drugs in the person's body. (13.7) "Public funds" means money appropriated to the behavioral health administration by the general assembly or any other governmental or private sources for withdrawal management in approved facilities pursuant to this article 81. (13.8) "Substance use disorder" means a chronic relapsing brain disease, characterized by recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home. (13.9) "Toxic vapors" means a substance or product containing such substances as defined in section 18-18-412 (3). (14) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling that may be extended to a person with a substance use disorder, a person incapacitated by substances, a person under the influence of drugs, and a person intoxicated by alcohol. (15) Repealed.

C.R.S. § 27-81-103 Powers of the behavioral health administration

27-81-103. Powers of the behavioral health administration. (1) To carry out the purposes of this article 81, the BHA may: (a) Plan, establish, and maintain substance use disorder treatment programs as necessary or desirable; (b) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to persons with substance use disorders, persons intoxicated by alcohol, or persons under the influence of drugs; (c) Solicit and accept for use any gift of money or property made by will or otherwise and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant; (d) Administer or supervise the administration of the provisions relating to persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation; (e) Coordinate its activities and cooperate with substance use disorder treatment programs in this state and other states and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this state and other states for the treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs and for the common advancement of substance use disorder treatment programs; (f) Keep records and engage in research and the gathering of relevant statistics; (g) Do other acts and things necessary or convenient to execute the authority expressly granted to it; and (h) Acquire, hold, or dispose of real property, or any interest therein, and construct, lease, or otherwise provide substance use disorder treatment facilities for persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs.

C.R.S. § 27-81-104 Duties of the behavioral health administration - review

27-81-104. Duties of the behavioral health administration - review. (1) The BHA shall: (a) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs, in cooperation with public and private agencies, organizations, and individuals, and provide technical assistance and consultation services for these purposes; (b) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs; (c) Utilize behavioral health entities, community mental health centers and clinics, or other approved treatment facilities, whenever feasible; (d) Cooperate with the department of corrections in establishing and conducting programs for the prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs in appropriate agencies and institutions and for persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs in or on parole from correctional institutions and in carrying out duties specified in subsections (1)(i) and (1)(k) of this section; (e) Cooperate with the department of education, schools, police departments, courts, and other public and private agencies, organizations, and individuals in establishing programs for the prevention of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs and preparing curriculum materials for use at all levels of school education; (f) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol and drugs; (g) Develop and implement, as an integral part of substance use disorder treatment programs, an educational program for use in the treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs. The program must include the dissemination of information concerning the nature and effects of alcohol and drugs. (h) Organize and foster training programs for all persons engaged in treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs; (i) Sponsor and encourage research into the causes and nature of substance use disorders and treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs, and serve as a clearinghouse for information relating to substance use disorders; (j) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment; (k) Advise the governor in the preparation of a comprehensive plan for treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs for inclusion in the state's comprehensive health plan; (l) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation and advise the governor on provisions to be included relating to substance use disorders, persons with substance use disorders, and persons under the influence of drugs; (m) Assist in the development of, and cooperate with, substance use education and treatment programs for employees of state and local governments and businesses and industries in this state; eral funding under federal legislation and advise the governor on provisions to be included relating to substance use disorders, persons with substance use disorders, and persons under the influence of drugs; (m) Assist in the development of, and cooperate with, substance use education and treatment programs for employees of state and local governments and businesses and industries in this state; (n) Utilize the support and assistance of interested persons in the community, particularly persons with substance use disorders that are in remission, to encourage persons with substance use disorders to voluntarily undergo treatment; (o) Cooperate with the department of transportation in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while under the influence of, or impaired by, alcohol or drugs; (p) Encourage general hospitals and other appropriate health facilities to admit without discrimination persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs and to provide them with adequate and appropriate treatment; (q) Encourage all health and disability insurance programs to include substance use disorders as a covered illness; (r) Submit to the governor an annual report covering the activities of the BHA; and (s) Train emergency departments and certified peace officers in the procedures required pursuant to sections 27-81-111 and 27-81-112.

C.R.S. § 27-81-105 Comprehensive program for treatment - regional facilities

27-81-105. Comprehensive program for treatment - regional facilities. (1) The BHA shall establish a comprehensive and coordinated program for the treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs. (2) Insofar as money available to the BHA permits, the program established in subsection (1) of this section must include all of the following: (a) Emergency treatment; (b) Inpatient treatment; (c) Intermediate treatment; and (d) Outpatient and follow-up treatment. (3) The BHA shall provide adequate and appropriate treatment for persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs admitted pursuant to sections 27-81-109 to 27-81-112. Except as otherwise provided in section 27-81-111, treatment must not be provided at a correctional institution, except for inmates. (4) The BHA shall maintain, supervise, and control all facilities it operates subject to policies of the department. The administrator of each facility shall make an annual report of the facility's activities to the commissioner in the form and manner specified by the commissioner. (5) All appropriate public and private resources shall be coordinated with and utilized in the program if possible. (6) The commissioner shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities. (7) The BHA may contract for the use of any facility as an approved public treatment facility if the commissioner, subject to the policies of the department, considers it to be an effective and economical course to follow.

C.R.S. § 27-81-106 Standards for public and private treatment facilities - fees - enforcement procedures - penalties

27-81-106. Standards for public and private treatment facilities - fees - enforcement procedures - penalties. (1) In accordance with the provisions of this article 81, the BHA shall establish standards for approved treatment facilities that receive public funds. A treatment facility shall meet the established standards to be approved as a public or private treatment facility. The BHA shall fix the fees to be charged for the required inspections. The fees charged to approved treatment facilities that provide level I and level II programs, as provided in section 42-4-1301.3 (3)(c), must be transmitted to the state treasurer, who shall credit the fees to the alcohol and drug driving safety program fund created in section 42-4-1301.3 (4)(a). The standards may concern only health standards to be met and standards of treatment to be afforded patients and must reflect the success criteria established by the general assembly. (2) The BHA shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner. (3) The BHA shall maintain a list of approved public and private treatment facilities. (4) Each approved public and private treatment facility shall file with the BHA, on request, data, statistics, schedules, and any other information the BHA reasonably requires. The commissioner shall remove from the list of approved treatment facilities an approved public or private treatment facility that fails, without good cause, to furnish any data, statistics, schedules, or other information, as requested, or files fraudulent returns. (5) The BHA, after a hearing, may suspend, revoke, limit, restrict, or refuse to grant an approval for failure to meet its standards. (6) A person shall not operate a private or public treatment facility in this state without approval from the BHA; except that this article 81 does not apply to a private treatment facility that accepts only private money and does not dispense controlled substances. The district court may restrain any violation of, review any denial, restriction, or revocation of approval under, and grant other relief required to enforce the provisions of this section. (7) Upon petition of the BHA and after a hearing held upon reasonable notice to the facility, the district court may issue a warrant to an officer or employee of the BHA authorizing the officer or employee to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment facility that refuses to consent to inspection or examination by the BHA or which the BHA has reasonable cause to believe is operating in violation of this article 81.

C.R.S. § 27-81-107 Compliance with local government zoning regulations - notice to local governments - provisional approval - repeal

27-81-107. Compliance with local government zoning regulations - notice to local governments - provisional approval - repeal. (Repealed)

C.R.S. § 27-81-107.5 Licensure

27-81-107.5. Licensure. (Repealed)

C.R.S. § 27-81-108 Acceptance for treatment - rules

27-81-108. Acceptance for treatment - rules. (1) The commissioner shall adopt and may amend and repeal rules for acceptance of persons into the substance use disorder treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs. In establishing the rules, the following standards guide the commissioner: (a) If possible a patient shall be treated on a voluntary rather than an involuntary basis. (b) Qualified staff shall assess the proper level of care for the person pursuant to rules adopted by the commissioner and make a referral for placement. (c) A person must not be denied treatment solely because the person has withdrawn from treatment against medical advice on a prior occasion or because the person has relapsed after earlier treatment. (d) An individualized treatment plan shall be prepared and maintained on a current basis for each patient. (e) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.

C.R.S. § 27-81-109 Voluntary treatment of persons with substance use disorders

27-81-109. Voluntary treatment of persons with substance use disorders. (1) A person with a substance use disorder, including a minor, may apply for voluntary treatment directly to an approved treatment facility. (2) Subject to rules adopted by the commissioner, the administrator in charge of an approved treatment facility shall determine who is admitted for treatment. If a person is refused admission to an approved treatment facility, the administrator may refer the person to another approved and appropriate treatment facility for treatment if it is deemed likely to be beneficial. A person must not be referred for further treatment if it is determined that further treatment is not likely to bring about significant improvement in the person's condition, or treatment is no longer appropriate, or further treatment is unlikely to be beneficial. (3) If a patient receiving residential care leaves an approved treatment facility, the person is encouraged to consent to outpatient treatment or supportive services, if appropriate.

C.R.S. § 27-81-110 Voluntary treatment for persons intoxicated by alcohol, under the influence of drugs, or incapacitated by substances

27-81-110. Voluntary treatment for persons intoxicated by alcohol, under the influence of drugs, or incapacitated by substances. (1) A person intoxicated by alcohol, under the influence of drugs, or incapacitated by substances, including a minor if provided by rules of the BHA, may voluntarily admit the person's self to an approved treatment facility for an emergency evaluation to determine need for treatment. (2) The administrator shall immediately evaluate or examine a person who voluntarily enters an approved treatment facility. If the person is found to be in need of treatment, the administrator shall admit the person or refer the person to another appropriate facility. If a person is found not to be in need of treatment, the administrator shall release the person and may refer the person to another appropriate facility. (3) Except as provided in subsection (7) of this section, a treatment facility shall immediately release a voluntarily admitted person upon the person's request. (4) A person who is not admitted to an approved treatment facility or referred to another health facility, and who has no money, may be taken to the person's home, if any. If the person has no home, the approved treatment facility may assist the person in obtaining shelter. (5) If a person is admitted to an approved treatment facility, the person's family or next of kin must be notified as promptly as possible in accordance with federal confidentiality regulations for substance use disorder patient records, which regulations are found at 42 CFR part 2, as amended. If an adult person requests that there be no notification, the adult person's request must be respected. (6) If the administrator determines that it is for the person's benefit, the person must be encouraged to agree to further diagnosis and appropriate voluntary treatment. (7) Nothing in this section precludes the administrator from seeking emergency commitment of a person as provided in section 27-81-111 or involuntary commitment of a person as provided in section 27-81-112, regardless of whether the person has been voluntarily admitted under this section. In such case, the administrator's further conduct is governed by section 27-81-111 or 27-81-112, as applicable.

C.R.S. § 27-81-111 Emergency commitment

27-81-111. Emergency commitment. (1) (a) When a person is under the influence of or incapacitated by substances and is clearly dangerous to the health and safety of the person's self or others, law enforcement authorities or an emergency service patrol, acting with probable cause, shall take the person into protective custody in an approved treatment facility. If no such facilities are available, the person may be detained in an emergency medical services facility, or jail, but only for as long as may be necessary to prevent injury to the person's self or others or to prevent a breach of the peace. A law enforcement officer or emergency service patrol officer, in detaining the person, is taking the person into protective custody. In so doing, the detaining officer may protect the officer's self by reasonable methods but shall make every reasonable effort to protect the detainee's health and safety. Taking a person into protective custody pursuant to this section is not an arrest, and an entry or other record shall not be made to indicate that the person has been arrested or charged with a crime. Law enforcement or emergency service personnel who act in compliance with this section are acting in the course of their official duties and are not criminally or civilly liable. Nothing in this subsection (1) precludes a person intoxicated by alcohol, under the influence of drugs, or incapacitated by substances who is not dangerous to the health and safety of the person's self or others from being assisted to the person's home or like location by the law enforcement officer or emergency service patrol officer. (b) (Deleted by amendment, L. 2024.) (c) A law enforcement officer or emergency service patrol officer who takes a juvenile into protective custody pursuant to subsection (1)(a) of this section shall not detain the juvenile in jail. (2) A law enforcement officer, emergency service patrol officer, physician, spouse, guardian, or relative of the person to be committed or any other responsible person may make a written application for emergency commitment under this section, directed to the administrator of the approved treatment facility. The application must state the circumstances requiring emergency commitment, including the applicant's personal observations and the specific statements of others, if any, upon which the applicant relies in making the application. A copy of the application must be furnished to the person to be committed. (3) If the administrator approves the application, the administrator shall commit, evaluate, and treat the person for a period not to exceed five days. A peace officer, the emergency service patrol, or any interested person shall bring the person to the facility. If necessary, the court may be contacted to issue an order to the police, the peace officer's department, or the sheriff's department to transport the person to the facility. (4) If the administrator determines that the application fails to sustain the grounds for emergency commitment as set forth in subsection (1) of this section, the administrator shall refuse the commitment, immediately release the detained person, and encourage the person to seek voluntary treatment, if appropriate. (5) When the administrator determines that the grounds for commitment no longer exist, the administrator shall discharge the person committed under this section. A person committed under this section must not be detained in any treatment facility for more than five days; except that a person may be detained for longer than five days at the approved treatment facility if, in that period of time, a petition for involuntary commitment has been filed pursuant to section 27-81-112. A person must not be detained longer than ten days, excluding weekends and holidays, after the date of filing of the petition for involuntary commitment unless a valid medical reason exists for detaining a person longer. tained for longer than five days at the approved treatment facility if, in that period of time, a petition for involuntary commitment has been filed pursuant to section 27-81-112. A person must not be detained longer than ten days, excluding weekends and holidays, after the date of filing of the petition for involuntary commitment unless a valid medical reason exists for detaining a person longer. (6) Whenever a person is involuntarily detained pursuant to this section, the administrator shall, within twenty-four hours after detainment, advise the person who is involuntarily detained, both orally and in writing, of the person's right to challenge the detention by application to the courts for a writ of habeas corpus, to be represented by counsel at every stage of any proceedings relating to commitment and recommitment, and to have counsel appointed by the court or provided by the court if the person wants the assistance of counsel and is unable to obtain counsel. (7) Any law enforcement officer, emergency service personnel, physician, spouse, guardian, or relative of any person to be committed; any treatment facility administrator or the administrator's designee; or any other employee or person acting on behalf of an approved treatment facility, participating in or carrying out the emergency commitment or treatment as described in this section, whether acting individually or in his or her official capacity, is not criminally or civilly liable therefor. (8) (a) On or before July 1, 2024, and each July 1 thereafter, each local law enforcement agency that has taken a person into protective custody pursuant to this section shall provide an annual report to the BHA that includes only disaggregated and nonidentifying information concerning persons who were taken into protective custody in an approved treatment facility or detained in an emergency medical services facility or jail. The report must comply with section 24-1-136 (9) and is exempt from section 24-1-136 (11)(a)(I). The report must contain the following: (I) The names and counties of the facilities and jails; (II) The total number of persons taken into protective custody pursuant to this section, including a summary of demographic information; (III) A summary regarding the different reasons for which persons were taken into protective custody pursuant to this section; and (IV) The length of time each person was held under protective custody. (b) Each emergency medical services facility that detains a person under protective custody or detains or holds a person on an emergency commitment shall provide a quarterly report to the BHA with the following information: (I) The total number of persons detained under protective custody and the total number of persons held in the emergency medical services facility on an emergency commitment; (II) The total number of days each person was detained or held; (III) Whether each person was transferred to another facility, released, or placed on an involuntary commitment; and (IV) Whether the emergency medical services facility transferred each person to the local jail to be detained under protective custody or for an emergency commitment and the reason for the transfer. gency commitment; (II) The total number of days each person was detained or held; (III) Whether each person was transferred to another facility, released, or placed on an involuntary commitment; and (IV) Whether the emergency medical services facility transferred each person to the local jail to be detained under protective custody or for an emergency commitment and the reason for the transfer. (c) Any information disaggregated and provided to the BHA pursuant to this subsection (8) is privileged and confidential. The BHA shall not make the information available to the public except in an aggregate format that cannot be used to identify an individual facility. The information is not subject to civil subpoena and is not discoverable or admissible in any civil, criminal, or administrative proceeding against an approved treatment facility, emergency medical services facility, jail, law enforcement officer, or emergency service patrol officer. The BHA shall only use the information to assess statewide behavioral health services needs and withdrawal management needs and to plan for sufficient levels of statewide behavioral health and withdrawal management services. In collecting the data pursuant to the requirements of this subsection (8), the BHA shall protect the confidentiality of patient records, in accordance with state and federal laws, and shall not disclose any public identifying or proprietary information of any approved treatment facility or emergency medical services facility. This subsection (8)(c) does not apply to information that is otherwise available from a source outside of the data collection activities required pursuant to subsection (8)(a) of this section.

C.R.S. § 27-81-112 Involuntary commitment of a person with a substance use disorder

27-81-112. Involuntary commitment of a person with a substance use disorder. (1) The court may commit a person to the custody of the BHA upon the petition of the person's spouse or guardian, a relative, a physician, an advanced practice registered nurse, the administrator in charge of an approved treatment facility, a certified peace officer, or any other responsible person. The petition must allege that the person has a substance use disorder and that the person has threatened or attempted to inflict or inflicted physical harm on the person's self or on another and that unless committed, the person is likely to inflict physical harm on the person's self or on another or that the person is incapacitated by substances. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. The petition must be accompanied by a certificate of a licensed physician who has examined the person within ten days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal must be alleged in the petition, or an examination cannot be made of the person due to the person's condition. The certificate must set forth the physician's findings in support of the petition's allegations. (2) A court shall not accept a petition submitted pursuant to subsection (1) of this section unless there is documentation of the refusal by the person to be committed to accessible and affordable voluntary treatment. The documentation may include, but is not limited to, notations in the person's medical or law enforcement records or statements by a physician, advanced practice registered nurse, or witness. (3) (a) Upon filing the petition, the person whose commitment is sought must be notified of the person's right to: (I) Enter into a stipulated order of the court for committed treatment in order to expedite placement in an approved treatment facility by the BHA; or (II) Contest the commitment proceeding. (b) If a stipulated order is entered, the BHA shall place the person in an approved treatment program that reflects the level of need of the person. (c) If the person whose commitment is sought exercises the right to contest the petition, the court shall fix a date for a hearing no later than ten days, excluding weekends and holidays, after the date the petition was filed. A copy of the petition and the notice of the hearing, including the date fixed by the court, must be personally served on the petitioner, the person whose commitment is sought, and one of the person's parents or the person's legal guardian if the person is a minor. A copy of the petition and notice of hearing must be provided to the BHA, to counsel for the person whose commitment is sought, to the administrator in charge of the approved treatment facility to which the person may have been committed for emergency treatment, and to any other person the court believes advisable. ne of the person's parents or the person's legal guardian if the person is a minor. A copy of the petition and notice of hearing must be provided to the BHA, to counsel for the person whose commitment is sought, to the administrator in charge of the approved treatment facility to which the person may have been committed for emergency treatment, and to any other person the court believes advisable. (4) At the hearing, the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. The person must be present unless the court believes that the person's presence is likely to be injurious to the person; in this event, the court shall appoint a guardian ad litem to represent the person throughout the proceeding. If the person has refused to be examined by a licensed physician, the person must be given an opportunity to be examined by a court-appointed licensed physician. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true or if the court believes that more medical evidence is necessary, the court may commit the person to a licensed hospital for a period of not more than five days for a diagnostic examination. In such event, the court shall schedule a further hearing for final determination of commitment, in no event later than five days after the first hearing. (5) If after hearing all relevant evidence, including the results of any diagnostic examination by the licensed hospital, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, the court shall make an order of commitment to the BHA. The BHA has the right to delegate physical custody of the person to an appropriate approved treatment facility. The court may not order commitment of a person unless the court determines that the BHA is able to provide adequate and appropriate treatment for the person, and the treatment is likely to be beneficial. (6) Upon the court's commitment of a person to the BHA, the court may issue an order to the sheriff to transport the person to the facility designated by the BHA. (7) A person committed as provided for in this section remains in the custody of the BHA for treatment for a period of up to ninety days. At the end of the ninety-day period, the treatment facility shall automatically discharge the person unless the BHA, before expiration of the ninety-day period, obtains a court order for the person's recommitment on the grounds set forth in subsection (1) of this section for a further period of ninety days unless discharged sooner. If a person has been committed because the person is a person with a substance use disorder who is likely to inflict physical harm on another, the BHA shall apply for recommitment if, after examination, it is determined that the likelihood to inflict physical harm on another still exists. (8) A person who is recommitted as provided for in subsection (7) of this section and who has not been discharged by the BHA before the end of the ninety-day period is discharged at the expiration of that ninety-day period unless the BHA, before expiration of the ninety-day period, obtains a court order on the grounds set forth in subsection (1) of this section for recommitment for a further period, not to exceed ninety days. If a person has been committed because the person is a person with a substance use disorder who is likely to inflict physical harm on another, the BHA shall apply for recommitment if, after examination, it is determined that the likelihood to inflict physical harm on another still exists. Only two recommitment orders pursuant to subsection (7) of this section and this subsection (8) are permitted. If a person has been committed because the person is a person with a substance use disorder who is likely to inflict physical harm on another, the BHA shall apply for recommitment if, after examination, it is determined that the likelihood to inflict physical harm on another still exists. Only two recommitment orders pursuant to subsection (7) of this section and this subsection (8) are permitted. (9) Upon the filing of a petition for recommitment under subsections (7) and (8) of this section, the court shall fix a date for hearing not later than ten days, excluding weekends and holidays, after the date the petition was filed unless a valid medical reason exists for delaying the hearing. A copy of the petition and of the notice of hearing shall be served and provided as required in subsection (3) of this section. At the hearing, the court shall proceed as provided in subsection (4) of this section. (10) The BHA shall provide adequate and appropriate treatment of a person committed to its custody. The BHA may transfer any person committed to its custody from one approved treatment facility to another, if transfer is advisable. (11) The BHA shall discharge a person committed to its custody for treatment at any time before the end of the period for which the person has been committed if either of the following conditions is met: (a) In the case of a person with a substance use disorder committed on the grounds that the person is likely to inflict physical harm upon another, that the person no longer has a substance use disorder that requires treatment or the likelihood to inflict physical harm upon another no longer exists; or (b) In the case of a person with a substance use disorder committed on the grounds of the need of treatment and incapacity, that the incapacity no longer exists, or in the case of a person with a substance use disorder committed on any grounds pursuant to this section, that further treatment is not likely to bring about significant improvement in the person's condition, or treatment is no longer appropriate, or that further treatment is unlikely to be beneficial. (12) The court shall inform the person whose commitment or recommitment is sought of the person's right to contest the application, to be represented by counsel at every stage of any proceedings relating to the person's commitment and recommitment, and to have counsel appointed by the court or provided by the court if the person wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for the person regardless of the person's wishes. The person whose commitment or recommitment is sought shall be informed of the person's right to be examined by a licensed physician of the person's choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician. (13) If a private treatment facility agrees with the request of a competent patient or the patient's parent, sibling, adult child, or guardian to accept the patient for treatment, the administrator of the public treatment facility shall transfer the patient to the private treatment facility. (14) A person committed under this article 81 may at any time seek to be discharged from commitment by an order in the nature of habeas corpus. (15) The venue for proceedings under this section is the county in which the person to be committed resides or is present. ent for treatment, the administrator of the public treatment facility shall transfer the patient to the private treatment facility. (14) A person committed under this article 81 may at any time seek to be discharged from commitment by an order in the nature of habeas corpus. (15) The venue for proceedings under this section is the county in which the person to be committed resides or is present. (16) All proceedings conducted pursuant to this article 81 are conducted by the district attorney of the county where the proceeding is held or by an attorney acting for the district attorney appointed by the court for that purpose; except that, in any county or in any city and county having a population exceeding one hundred thousand persons, the proceedings shall be conducted by the county attorney or by an attorney acting for the county attorney appointed by the court.

C.R.S. § 27-81-113 Records of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of substances

27-81-113. Records of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of substances. (1) The registration and other records of treatment facilities are confidential and fully protected as outlined in federal confidentiality regulations for substance use disorder records found at 42 CFR part 2, as amended, and are privileged to the patient. (2) Notwithstanding subsection (1) of this section, the commissioner may make available information from patients' records for purposes of research into the causes and treatment of substance use disorders. Information made available pursuant to this subsection (2) must not be published in a way that discloses patients' names or other identifying information. (3) Nothing in this section prohibits or limits the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section 23-5-141.

C.R.S. § 27-81-114 Rights of persons receiving evaluation, care, or treatment

27-81-114. Rights of persons receiving evaluation, care, or treatment. (1) A facility shall immediately advise each person receiving evaluation, care, or treatment under any provision of this article 81, orally and in writing, that the person has and is afforded the following rights: (a) To be evaluated to determine the person's behavioral health treatment needs relating to the use of substances, including alcohol or drugs; (b) If under an emergency commitment pursuant to section 27-81-111, to refuse to be examined by a licensed physician for certification. A person's refusal to be examined for certification may be alleged in a petition for involuntary commitment. A person may request to be examined by the person's physician, or a court may order a person to be evaluated by a licensed physician for certification. (c) To receive timely medical and behavioral health care and treatment, as specified in law, that is determined based on the person's needs and that is delivered in the least restrictive treatment setting possible, as set forth in BHA rules; (d) To be treated fairly and to receive the same consideration and access to appropriate services as others, regardless of race, color, national origin, age, gender identity, gender expression, sexual orientation, political affiliation, religious beliefs, financial status, or disability; (e) To contest a commitment proceeding or to enter into a stipulated order of the court for committed treatment; (f) To retain and consult with an attorney at any time and to have an attorney appointed by or provided by the court in a timely manner in any proceedings relating to commitment or recommitment if the person wants the assistance of an attorney and is unable to obtain an attorney; (g) To at any time seek to be discharged from commitment by an order in the nature of habeas corpus; (h) Once no longer under the influence of drugs or intoxicated by alcohol, to sign in and seek voluntary substance use disorder treatment, unless the administrator determines in writing that reasonable grounds exist to believe that the person will not remain in voluntary treatment or that the person is clearly dangerous to the health and safety of himself or herself or others; (i) If in committed treatment, to receive twenty-four-hour notice prior to being transferred to another facility; (j) To have reasonable opportunities for continuing visitation and communication with the person's family and friends, consistent with an effective treatment program and as determined in BHA rules. Each person may meet with the person's attorney, clergyperson, or health-care provider at any time. (k) To have reasonable access to mail and writing materials, including postage, as well as the assistance of facility staff if the person is unable to write, prepare, or mail correspondence; (l) Subject to BHA rules relating to the use of telephones and other communication devices, to have reasonable access to telephones or other communication devices, and to make and to receive calls or communications in privacy. Facility staff shall not open, delay, intercept, read, or censor mail or other communications or use mail or other communications as a method to enforce compliance with facility staff. (m) To wear his or her own clothes, keep and use personal possessions, and keep and be allowed to spend a reasonable sum of the person's own money; (n) To have access to medical records; (o) To have treatment records remain confidential, except as required by law; (p) To not be fingerprinted, unless required by law; (q) To refuse to be photographed, except for treatment facility identification purposes; (r) To have the opportunity to register and vote by absentee ballot with the assistance of facility staff; (s) To have appropriate access to adequate food, water, and hygiene products; (t) To have physical privacy in showering, changing, and using the restroom; and be fingerprinted, unless required by law; (q) To refuse to be photographed, except for treatment facility identification purposes; (r) To have the opportunity to register and vote by absentee ballot with the assistance of facility staff; (s) To have appropriate access to adequate food, water, and hygiene products; (t) To have physical privacy in showering, changing, and using the restroom; and (u) To be free of restraints and solitary confinement. (2) Only qualified staff providing evaluation, treatment, or care for a person may deny or restrict the person's rights under subsection (1) of this section if the person's health or safety would be clearly endangered if the rights were not denied or restricted. If a person's rights are denied or restricted, the reason for the denial or restriction must be explained to the person and entered into the person's treatment record. The facility shall provide the person and the person's attorney the information pertaining to a denial or restriction of rights contained in the person's treatment record. The person's rights must be immediately restored as soon as the person's health and safety are no longer clearly endangered. (3) A person receiving evaluation, care, or treatment under any provision of this article 81 may submit a grievance or complaint against the facility or facility staff pursuant to a grievance or complaint process, which is explained to the person in detail and included with the oral and written explanation of rights. (4) As part of the immediate oral and written advisement of the rights enumerated in this section, a facility shall also include the telephone number and e-mail address for the office of the ombudsman for behavioral health access to care, created in section 27-80-303. The written advisements must be translated if the person cannot read or understand English. The administrator shall cause the rights enumerated in this section to be posted in a prominent location where clients in the facility reside, which posting must also include the number and e-mail address for the office of the ombudsman for behavioral health access to care, created in section 27-80-303.

C.R.S. § 27-81-115 Emergency service patrol - establishment - rules

27-81-115. Emergency service patrol - establishment - rules. (1) The BHA and cities, counties, city and counties, and regional service authorities may establish emergency service patrols. A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated by alcohol, under the influence of drugs, or incapacitated by substances. Members of an emergency service patrol must be capable of providing first aid in emergency situations and are authorized to transport a person intoxicated by alcohol, under the influence of drugs, or incapacitated by substances to the person's home and to and from treatment facilities. (2) The commissioner shall adopt rules for the establishment, training, and conduct of emergency service patrols.

C.R.S. § 27-81-116 Payment for treatment - financial ability of patients

27-81-116. Payment for treatment - financial ability of patients. (1) If treatment is provided by an approved public treatment facility and the patient, including a committed person, has not paid the charge therefor, the approved treatment facility is entitled to any payment received by the patient or to which the patient may be entitled because of the services rendered and from any public or private source available to the approved treatment facility because of the treatment provided to the patient. The approved treatment facility may seek and obtain a judgment in an appropriate court for any fees or charges that have not been paid. (2) A patient in an approved treatment facility, or the estate of the patient, or a person obligated to provide for the cost of treatment and having sufficient financial ability is liable to the approved treatment facility for the cost of maintenance and treatment of the patient therein in accordance with rates established. The approved treatment facility may seek and obtain a judgment in an appropriate court for any fees or charges that have not been paid. (3) The commissioner shall adopt rules that establish a standardized ability-to-pay schedule, under which those with sufficient financial ability are required to pay the full cost of services provided and those who are totally without sufficient financial ability are provided appropriate treatment at no charge. The schedule shall take into consideration the income, including government assistance programs, savings, and other personal and real property, of the person required to pay and any support the person required to pay furnishes to another person as required by law. (4) Nothing in this section shall prohibit an approved treatment facility from charging a minimal fee for therapeutic purposes.

C.R.S. § 27-81-117 Criminal laws - limitations

27-81-117. Criminal laws - limitations. (1) A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a person with an alcohol use disorder, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction. (2) A county, municipality, or other political subdivision shall not interpret or apply any law of general application to circumvent the provisions of subsection (1) of this section. (3) Nothing in this article 81 affects any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol or drugs, or other similar offense involving the operation of a vehicle, an aircraft, or a boat or machinery or other equipment or regarding the sale, purchase, dispensing, possessing, or use of drugs or alcoholic beverages at stated times and places or by a particular class of persons. (4) The fact that a person is intoxicated by alcohol, under the influence of drugs, or incapacitated by substances does not prevent the person's arrest or prosecution for the commission of any criminal act or conduct not enumerated in subsection (1) of this section. (5) Nothing in this article 81 limits the right of a police officer to make an otherwise legal arrest, notwithstanding the fact that the arrested person may be intoxicated by alcohol, under the influence of drugs, or incapacitated by substances.

C.R.S. § 27-81-118 Opioid crisis recovery funds advisory committee - creation - membership - purpose

27-81-118. Opioid crisis recovery funds advisory committee - creation - membership - purpose. (1) There is created the opioid crisis recovery funds advisory committee, referred to in this section as the "committee", which is created to advise and collaborate with the department of law on uses of any custodial funds received by the state as the result of opioid-addiction-related litigation and for which the use of the funds is not predetermined or committed by court order or other action by a state or federal court of law. (2) (a) The committee consists of members appointed as follows: (I) Thirteen members appointed by the governor, including: (A) One member licensed to practice medicine pursuant to article 240 of title 12; (B) One member licensed to practice pharmacy pursuant to article 280 of title 12; (C) One member licensed to practice as a nurse or as a certified midwife pursuant to part 1 of article 255 of title 12; (D) One member licensed as a dentist pursuant to article 220 of title 12; (E) One member licensed as a veterinarian pursuant to article 315 of title 12; (F) One member licensed as a physical therapist pursuant to article 285 of title 12; (G) One member representing a local public health agency; (H) One member who has been affected by the opioid crisis; (I) One family member of a person who has been affected by the opioid crisis; (J) One member representing an advocacy organization for people with substance use disorders; (K) Two members appointed from nominees submitted by statewide organizations representing counties, with one member representing the western slope and one member representing the eastern part of the state; and (L) One member from an association that represents behavioral health providers; (II) Two members appointed by the commissioner, one of whom must represent an association of substance use providers; (III) Two members appointed by the executive director of the department of public health and environment, one of whom is a pain management patient; (IV) One member appointed by the executive director of the department of regulatory agencies; (V) One member appointed by the executive director of the department of health care policy and financing; (VI) One member from the state substance abuse trend and response task force, created in section 18-18.5-103, appointed by the attorney general; (VII) One member from the center for research into substance use disorder prevention, treatment, and recovery support strategies, created in section 27-80-118 (3), appointed by the director of the center; (VIII) One member from each safety net hospital that provides addiction services, appointed by the hospital; (IX) One member from the Colorado district attorneys' council, or any successor organization, appointed by its executive director; (X) Two members representing law enforcement agencies, one of whom is appointed by the Colorado association of chiefs of police, or any successor organization, and one of whom is appointed by the county sheriffs of Colorado, or any successor organization; and (XI) One member representing the Colorado municipal league, or any successor organization, appointed by the president of the executive board of the Colorado municipal league or the president's designee. hom is appointed by the Colorado association of chiefs of police, or any successor organization, and one of whom is appointed by the county sheriffs of Colorado, or any successor organization; and (XI) One member representing the Colorado municipal league, or any successor organization, appointed by the president of the executive board of the Colorado municipal league or the president's designee. (b) The attorney general shall notify the appointing authorities if the state receives a settlement or damage award for which the use of the custodial funds is not predetermined or committed by court order or other action by a state or federal court of law. The appointing authorities shall make their initial appointments to the committee no later than ninety days after receiving the notice. (3) Each member of the committee who is appointed pursuant to subsection (2) of this section serves at the pleasure of the appointing authority that appointed the member. The appointing authority shall fill a vacancy in the same manner as the initial appointment. (4) If the state receives custodial funds from a settlement or damage award from opioid-addiction-related litigation and the use of the funds is not predetermined or committed by court order or other action by a state or federal court of law, the attorney general shall convene and call a meeting of the committee, and any subsequent meetings as necessary, to seek input and recommendations from the committee on the proper expenditure of the funds received. (5) (a) Each member of the committee shall maintain confidentiality throughout the process of determining the proper expenditure of custodial funds. Members shall not disclose the contents of any requests for funding with anyone outside of the committee. (b) Each committee member shall affirm that the member does not have a personal or financial interest regarding any organization that may request funding. Members shall disclose all potential conflict of interest situations to the attorney general before reviewing funding requests.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-27.docxFetched: 10/6/2026