Alcohol and Substance Use - Alcohol and Substance Use Disorders

C.R.S. tit. 27, art. 80

in effect

C.R.S. § 27-80-101 Definitions

27-80-101. Definitions. As used in this article 80, unless the context otherwise requires: (1) "Behavioral health administration" or "BHA" means the behavioral health administration established in section 27-50-102. (2) "Commissioner" means the commissioner of the behavioral health administration. (2.3) "Department" means the department of human services created in section 26-1-105. (2.6) "Designated service area" means the geographical substate planning area specified by the commissioner to be served by a behavioral health administrative services organization, as described in section 27-80-107. (3) Repealed. (4) "Fetal alcohol spectrum disorder" or "FASD" means a continuum of permanent birth defects caused by maternal consumption of alcohol during pregnancy. "FASD" includes, but is not limited to, fetal alcohol syndrome. (4.7) Repealed. (5) "Public program" means a program concerning the problems of alcohol or drug abuse sponsored by a county, district, or municipal public health agency, county department of human or social services, court, probation department, law enforcement agency, school, school system, board of cooperative services, Indian tribal reservation, or state agency. "Public program" includes any alcohol or drug abuse treatment program required as a condition of probation under part 2 of article 11 of title 16, any alcohol or drug abuse program administered by the division of adult parole under article 2 of title 17, any community correctional facility or program administered under article 27 of title 17, and any alcohol or drug abuse treatment program administered by the division of youth services under title 19. (6) and (7) Repealed.

C.R.S. § 27-80-102 Duties of the behavioral health administration

27-80-102. Duties of the behavioral health administration. (1) The behavioral health administration is a type 2 entity, as defined in section 24-1-105, and is responsible for the powers, duties, and functions relating to the alcohol and drug driving safety program specified in section 42-4-1301.3. The behavioral health administration shall formulate a comprehensive state plan for substance use disorder treatment programs. The behavioral health administration shall submit the state plan to the governor and, upon the governor's approval, submit it to the appropriate United States agency for review and approval. The state plan must include, but not be limited to: (a) A survey of the need for the prevention and treatment of alcohol and drug abuse, including a survey of the health facilities needed to provide services and a plan for the development and distribution of facilities and programs throughout the state; (b) A plan for programs to educate the public in the problems of alcohol and drug abuse; (c) A survey of the need for trained teachers, health professionals, and others involved in the prevention and treatment of alcohol and drug abuse and the rehabilitation of abusers, and a plan to provide the necessary training for such persons; (d) Provisions for the periodic review and updating of the state plan, which shall take place at least annually. (2) The department, acting by and through the behavioral health administration, is designated as the sole state agency for the supervision of the administration of the state plan. (3) Repealed.

C.R.S. § 27-80-103 Grants for public programs

27-80-103. Grants for public programs. (1) The BHA may make grants, from money appropriated by the general assembly for purposes of this section or available from any other governmental or private source, to approved public programs. (2) A public program may provide, but need not be limited to, any of the following: (a) Acute medical services, including emergency services and detoxification; (b) Case finding, diagnosis, treatment, counseling, individual or group psychotherapy, after-care treatment, and other rehabilitation services; (c) Education and counseling regarding the use and abuse of alcohol and drugs; (d) Programs for prevention of alcohol and drug abuse administered by the department of public health and environment; (e) Training of teachers, health professionals, and others in the field of alcohol and drug abuse and addiction counseling; (f) Coordination of existing services and the development of other needed services through demonstration and evaluation projects; or (g) Services to pregnant women who are alcohol and drug dependent through demonstration and evaluation projects. (3) In approving any public program, the BHA shall take into consideration the following: (a) The community need for the public program; (b) The range of services to be provided; (c) The integration of the public program with, and the participation of, other public and nongovernmental agencies, organizations, institutions, and individuals, and their services and facilities, if any, that are available to assist the public program; (d) The adequacy of the public program to accomplish its purposes; and (e) Any other information the BHA deems necessary. (4) Applications for grants made pursuant to subsection (1) of this section are made to the BHA, on forms furnished by the BHA, and must contain any information the BHA requires. Wherever possible, the BHA shall give priority to public programs that are community-based and include services to children and juveniles as well as adults, that provide a comprehensive range of services, and that evidence a high degree of community support, either financial or in the furnishing of services and facilities, or both. (5) Whenever the BHA or any department or agency of the state has money available from any source for public programs, the BHA, department, or agency is authorized to distribute the money in accordance with the state plan and to make reasonable rules for the administration of the public programs.

C.R.S. § 27-80-104 Cancellation of grants

27-80-104. Cancellation of grants. (1) The BHA may cancel a grant for any public program for any of the following reasons: (a) There is no longer a need for the public program. (b) Funds for the public program are not available. (c) The public program does not meet the standards or requirements adopted by the BHA or does not conform to the comprehensive state plan for substance use disorder treatment programs. (2) Before canceling a grant for the reasons set forth in subsection (1)(c) of this section, the BHA shall notify the person or agency in charge of the public program of the deficiency in the program, and the person or agency must be given a reasonable amount of time to correct the deficiency.

C.R.S. § 27-80-105 Annual distribution of funds

27-80-105. Annual distribution of funds. Funds for public programs shall be distributed annually, if available.

C.R.S. § 27-80-106 Purchase of prevention and treatment services

27-80-106. Purchase of prevention and treatment services. (1) Using money appropriated for purposes of this section or available from any other governmental or private source, the BHA may purchase services for prevention or for the treatment of alcohol and drug abuse or substance use disorders or both types of services on a contract basis from any tribal nation or any public or private agency, organization, or institution approved by the BHA. The services purchased may be any of those provided through a public program, as set forth in section 27-80-103 (2). In contracting for services, the BHA shall attempt to obtain services that are in addition to, and not a duplication of, existing available services or services that are of a pilot or demonstration nature. An agency operating a public program may also purchase services on a contract basis. (2) (a) In addition to the services purchased pursuant to subsection (1) of this section, using money appropriated for purposes of this section or available from any other governmental or private source, the BHA may purchase services for the treatment of alcohol and drug abuse or substance use disorders on a contract basis from a behavioral health administrative services organization for a designated service area as set forth in section 27-80-107. A public or private agency, organization, or institution approved by the BHA through the process set forth in section 27-80-107 may be designated as a behavioral health administrative services organization. (b) Behavioral health administrative services organizations receiving money pursuant to this subsection (2) shall comply with all relevant provisions of and rules promulgated pursuant to this article 80. (3) Repealed. (4) As of July 1, 2022, the department of public health and environment is the state department responsible for the administration of prevention services pursuant to this section.

C.R.S. § 27-80-107 Designation of managed service organizations - purchase of services - revocation of designation

27-80-107. Designation of managed service organizations - purchase of services - revocation of designation. (1) The behavioral health administration shall establish designated service areas to provide substance use disorder treatment and recovery services in a particular geographical region of the state. (2) To be selected as a designated managed service organization to provide services in a particular designated service area, a private corporation, for profit or not for profit, or a public agency, organization, or institution shall apply to the behavioral health administration for a designation in the form and manner specified by the commissioner or the commissioner's designee. The designation process is in lieu of a competitive bid process pursuant to the "Procurement Code", articles 101 to 112 of title 24. The commissioner or the commissioner's designee shall make the designation based on factors established by the commissioner or the commissioner's designee. The factors for designation established by the executive director or the executive director's designee include the following: (a) Whether the managed service organization has experience working with public treatment agencies and collaborating with other public agencies; (b) Whether the managed service organization has experience working with publicly funded clients, including expertise in treating priority populations designated by the behavioral health administration; (c) Whether the managed service organization has offices in and provides services in the substate planning area or is willing to relocate to the substate planning area; (d) Whether the managed service organization has experience using the cost-share principles used by the behavioral health administration in its contracts with providers and is willing to cost-share; (e) Whether the managed service organization has developed an effective, integrated information and fiscal reporting system and has experience working with and is able to comply with state and federal reporting requirements; (f) Whether the managed service organization has experience engaging in a clinical quality improvement process; and (g) Whether the managed service organization has experience with public funding requirements and state contracting requirements. (2.5) (a) On or before January 1, 2023, in order to promote transparency and accountability, the behavioral health administration shall require each managed service organization that has twenty-five percent or more ownership by providers of behavioral health services to comply with the following conflict of interest policies: (I) Providers who have ownership or board membership in a managed service organization shall not have control, influence, or decision-making authority in how funding is distributed to any provider or the establishment of provider networks. (II) The behavioral health administration shall quarterly review a managed service organization's funding allocation to ensure that all providers are being equally considered for funding. The behavioral health administration is authorized to review any other pertinent information to ensure the managed service organization is meeting state and federal rules and regulations and is not inappropriately giving preference to providers with ownership or board membership. (III) An employee of a contracted provider of a managed service organization shall not also be an employee of the managed service organization unless the employee is a medical director for the managed service organization. If the medical director is also an employee of a provider that has board membership or ownership in the managed service organization, the managed service organization shall develop policies, approved by the commissioner of the behavioral health administration, to mitigate any conflict of interest the medical director may have. he employee is a medical director for the managed service organization. If the medical director is also an employee of a provider that has board membership or ownership in the managed service organization, the managed service organization shall develop policies, approved by the commissioner of the behavioral health administration, to mitigate any conflict of interest the medical director may have. (IV) A managed service organization's board shall not have more than fifty percent of contracted providers as board members, and the managed service organization is encouraged to have a community member on the managed service organization's board. (b) If the office is unable to contract with a managed service organization that meets the requirements of this subsection (2.5), the office may designate another existing managed service organization to temporarily provide the services for that region, for up to one year, pending designation of a new managed service organization. If the office is unable to designate a new managed service organization, the temporary managed service organization may continue to provide the regional substance use disorder services on a year by year basis. (c) As used in this subsection (2.5), unless the context otherwise requires: (I) "Medical director" means a physician who oversees the medical care and other designated care and services in a managed service organization. The medical director may be responsible for helping to develop clinical quality management and utilization management. (II) "Ownership" means an individual who is a legal proprietor of an organization, including a provider or individual who owns assets of an organization, or has a financial stake, interest, or governance role in the managed service organization. (3) The designation of a managed service organization by the commissioner, as described in subsection (2) of this section, is an initial decision of the department that may be reviewed by the executive director in accordance with the provisions of section 24-4-105. Review by the executive director in accordance with section 24-4-105 constitutes final agency action for purposes of judicial review. (4) (a) The terms and conditions for providing substance use disorder treatment and recovery services must be specified in the contract entered into between the behavioral health administration and the designated managed service organization. Contracts entered into between the behavioral health administration and the designated managed service organization must include terms and conditions prohibiting a designated managed service organization contracted treatment provider from denying or prohibiting access to medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder. (b) Contracts entered into between the behavioral health administration and the designated managed service organization must include terms and conditions that outline the expectations for the designated managed service organization to invest in the state's recovery services infrastructure, which include peer-run recovery support services and specialized services for underserved populations. Investments are based on available appropriations. (5) The contract may include a provisional designation for ninety days. At the conclusion of the ninety-day provisional period, the commissioner may choose to revoke the contract or, subject to meeting the terms and conditions specified in the contract, may choose to extend the contract for a stated time period. (6) A managed service organization that is designated to serve a designated service area may subcontract with a network of service providers to provide treatment and recovery services for alcohol and drug abuse and substance use disorders within the particular designated service area. g the terms and conditions specified in the contract, may choose to extend the contract for a stated time period. (6) A managed service organization that is designated to serve a designated service area may subcontract with a network of service providers to provide treatment and recovery services for alcohol and drug abuse and substance use disorders within the particular designated service area. (7) (a) The commissioner may revoke the designation of a designated managed service organization upon finding that the managed service organization is in violation of the performance of the provisions of or rules promulgated pursuant to this article 80. The revocation must conform to the provisions and procedures specified in article 4 of title 24, and occur only after notice and an opportunity for a hearing is provided as specified in article 4 of title 24. A hearing to revoke a designation as a designated managed service organization constitutes final agency action for purposes of judicial review. (b) Once a designation has been revoked pursuant to subsection (7)(a) of this section, the commissioner may designate one or more service providers to provide the treatment services pending designation of a new designated managed service organization or may enter into contracts with subcontractors to provide the treatment services. (c) From time to time, the commissioner may solicit applications from applicants for managed service organization designation to provide substance use disorder treatment and recovery services for a specified planning area or areas.

C.R.S. § 27-80-107.5 Increasing access to effective substance use disorder services act - managed service organizations - substance use disorder services - assessment - community action plan - allocations - reporting requirements - evaluation

27-80-107.5. Increasing access to effective substance use disorder services act - managed service organizations - substance use disorder services - assessment - community action plan - allocations - reporting requirements - evaluation. (1) The short title of this section is the "Increasing Access to Effective Substance Use Disorder Services Act". (2) On or before February 1, 2017, each behavioral health administrative services organization designated pursuant to section 27-80-107 shall assess the sufficiency of substance use disorder services within its geographic region for adolescents ages seventeen and younger, young adults ages eighteen through twenty-five, pregnant women, women who are postpartum and parenting, and other adults who are in need of such services. During the community assessment process, each behavioral health administrative services organization shall seek input and information from appropriate behavioral health entities, county departments of human or social services, local public health agencies, substance use disorder treatment providers, law enforcement agencies, probation departments, organizations that serve veterans or homeless individuals, and other relevant stakeholders. The community assessment must include an analysis of existing funding and resources within the community to provide a continuum of substance use disorder services, including prevention, intervention, treatment, and recovery support services, for adolescents ages seventeen and younger, young adults ages eighteen through twenty-five, pregnant women, women who are postpartum and parenting, and other adults who are in need of such services. (3) (a) On or before March 1, 2017, each behavioral health administrative services organization that has completed a community assessment pursuant to subsection (2) of this section shall prepare and submit in electronic format to the BHA and the department of health care policy and financing a community action plan to increase access to effective substance use disorder services, referred to in this section as the "community action plan". The community action plan must summarize the results of the community assessment and include a description of how the behavioral health administrative services organization will utilize its allocation of funding from the marijuana tax cash fund created in section 39-28.8-501 to address the most critical service gaps in its geographic region and a timeline for implementation of the community action plan. (b) A behavioral health administrative services organization may periodically update its community action plan to reflect changes in community needs and priorities. Any such updated plan must be submitted in electronic format to the BHA and the department of health care policy and financing. (c) On or before May 1, 2017, the BHA shall post the community action plans from the behavioral health administrative services organizations developed pursuant to subsection (3)(a) of this section on its website. On or before May 1, 2017, the BHA shall submit a report summarizing all of the community action plans received from the behavioral health administrative services organizations to the joint budget committee, the health and human services committee of the senate, and the public and behavioral health and human services committee of the house of representatives, or any successor committees. The BHA shall post on its website any updated community action plans received pursuant to subsection (3)(b) of this section. (4) (a) Repealed. (b) On July 1, 2017, and on every July 1 thereafter, the BHA shall disburse to each behavioral health administrative services organization that has submitted a community action plan one hundred percent of the behavioral health administrative services organization's allocation from the money appropriated from the marijuana tax cash fund. ant to subsection (3)(b) of this section. (4) (a) Repealed. (b) On July 1, 2017, and on every July 1 thereafter, the BHA shall disburse to each behavioral health administrative services organization that has submitted a community action plan one hundred percent of the behavioral health administrative services organization's allocation from the money appropriated from the marijuana tax cash fund. (c) It is the intent of the general assembly that each behavioral health administrative services organization use money allocated to it from the marijuana tax cash fund to cover expenditures for substance use disorder services that are not otherwise covered by public or private insurance. Each behavioral health administrative services organization may use its allocation from the marijuana tax cash fund to implement its community action plan, including expenditures for substance use disorder services and for any start-up costs or other expenses necessary to increase capacity to provide such services. A behavioral health administrative services organization must spend its allocation in the state fiscal year in which it is received or in the next state fiscal year thereafter. If there is any money from the allocation remaining after the second state fiscal year, then the behavioral health administrative services organization shall return the money to the BHA. If an enhanced residential and inpatient substance use disorder treatment and medical detoxification services benefit becomes available under the Colorado medical assistance program, behavioral health administrative services organizations shall determine to what extent money allocated from the marijuana tax cash fund may be used to assist in providing substance use disorder treatment, including residential and inpatient substance use disorder treatment and medical detoxification services, if those services are not otherwise covered by public or private insurance. (d) Repealed. (5) (a) On or before September 1, 2017, and on or before each September 1 thereafter, each behavioral health administrative services organization shall submit an annual report to the BHA, the joint budget committee, the health and human services committee of the senate, and the public and behavioral health and human services committee of the house of representatives, or their successor committees, concerning the amount and purpose of actual expenditures made using money from the marijuana tax cash fund in the previous state fiscal year. The report must contain a description of the impact of the expenditures on addressing the needs that were identified in the initial and any subsequent community assessments and action plans developed pursuant to subsection (3) of this section, as well as any other requirements established for the contents of the report by the BHA. (b) A behavioral health administrative services organization shall provide the BHA with information about actual expenditures as required by the BHA. (c) Repealed. (6) Repealed. (7) Notwithstanding section 24-1-136 (11)(a)(I), the BHA shall report on outcomes related to the implementation of this section as part of its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203, beginning with the hearing that precedes the 2019 legislative session.

C.R.S. § 27-80-107.7 Increase synthetic opiate treatment - report

27-80-107.7. Increase synthetic opiate treatment - report. (1) On or before January 1, 2023, each managed service organization designated pursuant to section 27-80-107 shall evaluate the current supply and necessary demand within its region for: (a) The number of medication-assisted treatment providers employed by the managed service organization that are trained to provide medication-assisted treatment to a person who has consumed synthetic opiates; (b) Ambulatory withdrawal management and medical withdrawal management specific to synthetic opiates; (c) The provision of recovery services at public high schools; and (d) The provision of recovery residences, as defined in section 27-80-129. (2) In its hearing for the 2024 legislative session, the department shall include as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203, the managed service organizations' findings pursuant to subsection (1) of this section.

C.R.S. § 27-80-107.8 Withdrawal management and crisis service expansion - appropriation

27-80-107.8. Withdrawal management and crisis service expansion - appropriation. (1) On or before January 1, 2023, each managed service organization shall: (a) Contract to provide short-term residential placement for withdrawal management, crisis stabilization, or medication-assisted treatment for persons in immediate need of detoxification and stabilization services, with a provider that is licensed by the state of Colorado to provide those services. The managed service organization is encouraged to contract with crisis service providers that have existing contracts with administrative services organizations for the purpose of providing crisis stabilization services for individuals who need substance use services. (b) Develop a payment schedule that includes admission and service rates from the managed service organization to the provider and organizational funding for training and coordination with first responders or referring entities; and (c) Provide training to, and ongoing coordination with, first responders or referring entities concerning the available services to be utilized in lieu of arrest and transport to jail, to the greatest extent possible. (2) For the 2022-23 state fiscal year, the general assembly shall appropriate ten million dollars to the behavioral health administration to be distributed to managed service organizations for the purpose of implementing this section. Any unexpended money remaining at the end of the 2022-23 state fiscal year from this appropriation: (a) Does not revert to the general fund or any other fund; (b) May be used by the behavioral health administration in the 2023-24 or 2024-25 state fiscal years without further appropriation; and (c) Must not be used for any other purpose other than the purposes set forth in this section.

C.R.S. § 27-80-108 Rules

27-80-108. Rules. (1) The state board of human services, created in section 26-1-107, has the power to promulgate rules governing the provisions of this article 80. The rules may include, but are not limited to: (a) Requirements for the operation of a public program, including record keeping and data compilation; (b) Conditions that may be imposed on a public program for the program to maintain grant eligibility; (c) Requirements for public and private agencies, organizations, and institutions from which the behavioral health administration may purchase services pursuant to section 27-80-106 (1), which requirements must include prohibiting the purchase of services from entities that deny or prohibit access to medical services or substance use disorder treatment and services to persons who are participating in prescribed medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder; (d) Requirements for managed service organizations that are designated by the commissioner to provide services in a designated service area pursuant to section 27-80-106 (2); (e) Standards that addiction counselors must meet to participate in public programs or to provide purchased services and certification requirements necessary to be certified by the director of the division of professions and occupations, pursuant to part 8 of article 245 of title 12; (e.5) On or before March 1, 2022, standards that addiction counselors must meet to participate in public programs or to provide purchased services and education requirements necessary to be licensed by the director of the division of professions and occupations, pursuant to part 8 of article 245 of title 12; (f) Any rules that are necessary to carry out the purposes of the treatment program for high-risk pregnant women created in section 27-80-112. (2) In the rules promulgated pursuant to subsection (1)(e) of this section, the state board of human services shall include education requirements for certified addiction technicians, certified addiction specialists, and licensed addiction counselors.

C.R.S. § 27-80-109 Coordination of state and federal funds and programs

27-80-109. Coordination of state and federal funds and programs. (1) Requests for state appropriations for substance use disorder treatment programs must be submitted to the BHA and the office of state planning and budgeting on dates specified by the BHA, consistent with requirements and procedures of the office of state planning and budgeting. After studying each request, the BHA shall make a report with its comments and recommendations, including priorities for appropriations and a statement as to whether the requested appropriation would be consistent with the comprehensive state plan for substance use disorder treatment programs. The BHA shall submit its reports to the governor, the office of state planning and budgeting, and the joint budget committee, together with all pertinent material on which the report's recommendations are based. (2) The BHA shall also review applications for federal grants for substance use disorder treatment programs submitted by any department or agency of state government; political subdivision of the state; Indian tribal reservation; or other public or private agency, organization, or institution. The BHA shall transmit to the division of planning and to the appropriate United States agency its comments and recommendations, together with a statement as to whether the grant would be consistent with the comprehensive state plan for substance use disorder treatment programs.

C.R.S. § 27-80-110 Reports

27-80-110. Reports. (Repealed)

C.R.S. § 27-80-111 Counselor training - fund created - rules

27-80-111. Counselor training - fund created - rules. (1) The commissioner shall establish by rule fees to be charged for addiction counselor training. The amount assessed must be sufficient to cover a portion of the costs of administering the training, and the money collected must be deposited in the addiction counselor training fund. Additional funding may be obtained from general, cash, or federal funds otherwise appropriated to the BHA. (2) There is created in the office of the state treasurer the addiction counselor training fund, referred to in this section as the "fund". Money collected pursuant to subsection (1) of this section shall be deposited in the fund. The money in the fund is subject to annual appropriation by the general assembly to the BHA for the administration of addiction counselor training requirements established by rules of the state board of human services pursuant to section 27-80-108 (1)(e). Money in the fund at the end of the fiscal year must remain in the fund and not revert to the general fund.

C.R.S. § 27-80-112 Legislative declaration - treatment program for high-risk pregnant women - creation

27-80-112. Legislative declaration - treatment program for high-risk pregnant women - creation. (1) The general assembly hereby finds and declares that the health and well-being of the women of Colorado is at risk; that such women are at risk of poor birth outcomes or physical and other disabilities due to substance abuse, which is the abuse of alcohol and drugs, during the prenatal period; that early identification of such high-risk pregnant women and substance abuse treatment greatly reduce the occurrence of poor birth outcomes; and that the citizens of Colorado will greatly benefit from a program to reduce poor birth outcomes and subsequent problems resulting from such poor birth outcomes in cases involving high-risk pregnant women through the cost savings envisioned by the prevention and early treatment of such problems. (2) In recognition of such problems, there is hereby created a treatment program for high-risk pregnant women in the behavioral health administration.

C.R.S. § 27-80-113 Substance use and addiction counseling and treatment - necessary components

27-80-113. Substance use and addiction counseling and treatment - necessary components. Any entity that qualifies to provide services pursuant to section 25.5-5-202 (1)(r) in regard to the treatment program for high-risk pregnant women, shall make available, in addition to substance use and addiction counseling and treatment: Risk assessment services; care coordination; nutrition assessment; psychosocial counseling; intensive health education, including parenting education and education on risk factors and appropriate health behaviors; home visits; transportation services; and other services deemed necessary by the BHA and the department of health care policy and financing.

C.R.S. § 27-80-114 Treatment program for high-risk pregnant and parenting women - cooperation with organizations

27-80-114. Treatment program for high-risk pregnant and parenting women - cooperation with organizations. The department of health care policy and financing shall cooperate with any organizations that desire to assist the department of health care policy and financing in the provision of services connected with the treatment program for high-risk pregnant and parenting women. Organizations may provide services that are not provided to persons pursuant to the treatment program for high-risk pregnant and parenting women, article 2 of title 26, and articles 4, 5, and 6 of title 25.5, which may include, but shall not be limited to, needs assessment services, preventive services, rehabilitative services, care coordination, nutrition assessment, psychosocial counseling, intensive health education, home visits, transportation, development of provider training, child care, and other necessary components of residential or outpatient treatment or care.

C.R.S. § 27-80-115 Treatment program for high-risk pregnant and parenting women - data collection

27-80-115. Treatment program for high-risk pregnant and parenting women - data collection. The department of health care policy and financing shall create a data collection mechanism regarding persons receiving services pursuant to the treatment program for high-risk pregnant and parenting women that must include the collection of data on cost-effectiveness, success of the program, and other data the department of health care policy and financing deems appropriate.

C.R.S. § 27-80-116 Fetal alcohol spectrum disorders - legislative declaration - health warning signs - federal funding

27-80-116. Fetal alcohol spectrum disorders - legislative declaration - health warning signs - federal funding. (1) The general assembly finds and declares that: (a) Fetal alcohol exposure is the leading known cause of preventable intellectual and developmental disabilities and birth defects in the children of this state; (b) Individuals with undiagnosed fetal alcohol spectrum disorders suffer substantially from secondary issues such as child abuse and neglect, separation from families, multiple foster placements, depression, aggression, school failure, juvenile detention, and job instability; (b.5) Compared to individuals diagnosed before age twelve, individuals with undiagnosed FASD are two to four times more likely to suffer from inappropriate sexual behavior; disrupted school experiences; trouble with the law; alcohol and substance problems or disorders; or confinement in a jail, a hospital or treatment facility for persons with behavioral or mental health disorders, or a substance use disorder treatment facility; (c) These secondary disabilities come at a high cost to individuals, their families, and society; (d) A survey performed in 2006 by the Colorado pregnancy risk assessment system estimated that eleven and two-tenths percent of women in Colorado said that they drank alcohol during the last three months of their pregnancy; and (e) The commission should evaluate the current use and distribution of written and electronic informational materials designed to increase awareness of the consequences of drinking alcohol while pregnant and should investigate additional means by which such written and electronic materials might best be used. (2) The general assembly therefore declares that fetal alcohol exposure and its related problems can be reduced substantially by a greater awareness of the consequences of drinking alcohol while pregnant and by early diagnosis and receipt of appropriate and effective intervention. (3) Each person licensed pursuant to section 44-3-401 (1)(h) to (1)(t) or 44-3-401 (1)(v) to sell malt, vinous, and spirituous liquors or licensed pursuant to section 44-4-104 (1)(c) to sell fermented malt beverages is hereby encouraged to post a health warning sign informing patrons that the consumption of alcohol during pregnancy may cause birth defects, including fetal alcohol spectrum disorders. (4) Repealed. (5) The behavioral health administration is authorized to apply for federal funding for fetal alcohol spectrum disorder programs and to receive and disburse the federal funds to public and private nonprofit organizations.

C.R.S. § 27-80-117 Rural alcohol and substance abuse prevention and treatment program - creation - administration - cash fund - definitions - repeal

27-80-117. Rural alcohol and substance abuse prevention and treatment program - creation - administration - cash fund - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Program" means the rural alcohol and substance abuse prevention and treatment program created pursuant to subsection (2) of this section that shall consist of the rural youth alcohol and substance abuse prevention and treatment project and the rural detoxification project. (b) "Rural area" means a county with a population of less than thirty thousand people, according to the most recently available population statistics of the United States bureau of the census. (c) "Youth" means an individual who is at least eight years of age but who is less than eighteen years of age. (2) (a) (I) There is created the rural alcohol and substance abuse prevention and treatment program in the BHA to provide: (A) Prevention and treatment services to youth in rural areas. The services may include providing alternative activities for youth through the rural youth alcohol and substance abuse prevention and treatment project; and (B) Treatment services through the rural detoxification project for persons with substance use disorders. (II) The BHA shall administer the program pursuant to rules adopted by the state board of human services as of January 1, 2010, or as amended by the state board. (b) The BHA shall incorporate provisions to implement the program into its regular contracting mechanism for the purchase of prevention and treatment services pursuant to section 27-80-106, including detoxification programs. The BHA shall develop a method to equitably distribute and provide additional money through contracts to provide for prevention services for and treatment of persons in rural areas. (c) Notwithstanding any provision of this section to the contrary, the BHA shall implement the program on or after January 1, 2011, subject to the availability of sufficient money to operate an effective program, as determined by the BHA. (3) (a) There is created in the state treasury the rural alcohol and substance abuse cash fund, referred to in this section as the "fund", that consists of the rural youth alcohol and substance abuse prevention and treatment account, referred to in this section as the "youth account", and the rural detoxification account, referred to in this section as the "detoxification account". The fund is comprised of money collected from surcharges assessed pursuant to sections 18-19-103.5, 42-4-1307 (10)(d)(I), and 42-4-1701 (4)(f). The money collected from the surcharges must be divided equally between the youth account and the detoxification account. The fund also includes any money credited to the fund pursuant to subsection (3)(b) of this section. Money in the fund credited pursuant to subsection (3)(b) of this section must be divided equally between the youth account and the detoxification account unless the grantee or donor specifies to which account the grant, gift, or donation is to be credited. The money in the fund is subject to annual appropriation by the general assembly to the BHA for the purpose of implementing the program. All interest derived from the deposit and investment of money in the fund remains in the fund. Any unexpended or unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be transferred or credited to the general fund or another fund; except that any unexpended and unencumbered money remaining in the fund as of August 30, 2025, is credited to the general fund. erest derived from the deposit and investment of money in the fund remains in the fund. Any unexpended or unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be transferred or credited to the general fund or another fund; except that any unexpended and unencumbered money remaining in the fund as of August 30, 2025, is credited to the general fund. (b) The BHA is authorized to accept grants, gifts, or donations from any private or public source on behalf of the state for the purpose of the program. The BHA shall transmit all private and public money received through grants, gifts, or donations to the state treasurer, who shall credit the same to the fund. (3.5) As of July 1, 2022, the department of public health and environment is the state department responsible for the administration of prevention services pursuant to this section. (4) (a) This section is repealed, effective September 1, 2025. (b) Prior to such repeal, the program shall be reviewed as provided in section 24-34-104, C.R.S.

C.R.S. § 27-80-118 Center for research into substance use disorder prevention, treatment, and recovery support strategies - established - appropriation - legislative declaration

27-80-118. Center for research into substance use disorder prevention, treatment, and recovery support strategies - established - appropriation - legislative declaration. (1) The general assembly finds that: (a) Opioid addiction has emerged as a significant public health concern in Colorado, with more than ten thousand deaths attributed to drug overdoses since 2000, and the annual rate of death from drug overdose doubling from seven-point-eight deaths per one hundred thousand people in 2000 to fifteen-point-seven deaths per one hundred thousand people in 2015. This rate is significantly higher than the national rate. (b) The abuse of prescription drugs is the fastest growing substance abuse problem in the United States, particularly among adolescents; (c) Each year, there are approximately seventeen thousand overdose deaths from opioid painkillers nationally and approximately three hundred such deaths in Colorado; (d) According to the centers for disease control, Colorado's drug overdose mortality rate has increased by five hundred percent since 2014; (e) Colorado and other states in the region have the highest death rates attributable to alcohol in the country, and approximately eighteen percent, or one out of every five, of all Colorado adults engaged in heavy or binge drinking monthly; (f) In addition to opioids, prescription drugs, and alcohol, surveys show use rates for methamphetamine, cocaine, and other illicit drugs are higher in Colorado than in other states; and (g) There is a lack of sufficient research on the most effective strategies for addressing substance use disorders across the full continuum of recommended services that include prevention, early intervention, treatment, and recovery support services. (2) The general assembly therefore finds that for Colorado to respond to these issues and to foster the health, welfare, and safety of the state's residents, it is hereby declared that it is the state's policy to facilitate research into substance use disorder prevention, treatment, and recovery support strategies. (3) A center for research into substance use disorder prevention, treatment, and recovery support strategies, referred to in this section as the "center", is established in the university of Colorado health sciences center. Subject to available appropriations, the center's mission is to: (a) Establish or expand programs for research concerning prevention, treatment, and recovery support strategies for substance use disorders, including but not limited to opioid addiction; (b) Establish or expand innovative treatments for substance use disorders, including but not limited to opioid addiction; (c) Expand partnerships and collaboration with substance use disorder professionals, other programs at the university of Colorado, and other organizations with similar missions throughout the state and nation; and (d) Seek federal and private resources to further the center's research activities. (4) (a) The center shall develop and implement a series of continuing education activities designed to help a prescriber of pain medication to safely and effectively manage patients with pain and, when appropriate, prescribe opioids or medication-assisted treatment. The educational activities must also include best practices for prescribing benzodiazepines and the potential harm of inappropriately limiting prescriptions to chronic pain patients. The educational activities must apply to physicians, physician assistants, nurses, and dentists, with an emphasis on physicians, physician assistants, nurses, and dentists serving underserved populations and communities. (b) The center shall also develop education and training for law enforcement officers and first responders concerning the use of opioid antagonists for opioid overdose and community-based training for persons at risk of opioid overdose. cian assistants, nurses, and dentists, with an emphasis on physicians, physician assistants, nurses, and dentists serving underserved populations and communities. (b) The center shall also develop education and training for law enforcement officers and first responders concerning the use of opioid antagonists for opioid overdose and community-based training for persons at risk of opioid overdose. (c) The center shall engage in community engagement activities to address substance use prevention, harm reduction, criminal justice system response, treatment, and recovery. (d) For the 2021-22 state fiscal year, and each fiscal year thereafter, the general assembly shall appropriate seven hundred fifty thousand dollars to the center from the marijuana tax cash fund created in section 39-28.8-501 for the purposes of this subsection (4). (5) (a) The center shall develop and implement a program to increase public awareness concerning the safe use, storage, and disposal of opioids and the availability of naloxone and other drugs used to block the effects of an opioid overdose. (b) For the 2021-22 state fiscal year, and each state fiscal year thereafter, the general assembly shall appropriate two hundred fifty thousand dollars to the center from the marijuana tax cash fund created in section 39-28.8-501 (1) for the purposes of this subsection (5). (6) (a) The center may employ up to three additional employees to work as grant writers in order to aid local communities in need of assistance in applying for grants to access state and federal money to address opioid and other substance use disorders in their communities. The center shall determine the communities in which to provide the grant writing assistance. (b) For the fiscal year 2019-20, the general assembly shall appropriate money from the marijuana tax cash fund created in section 39-28.8-501 (1) to the department for allocation to the center for the purposes of this subsection (6). The center may use the money to hire new employees and for the direct and indirect costs associated with this subsection (6).

C.R.S. § 27-80-119 Care navigation program - creation - reporting - rules - legislative declaration - definition

27-80-119. Care navigation program - creation - reporting - rules - legislative declaration - definition. (Repealed)

C.R.S. § 27-80-120 Building substance use disorder treatment capacity in underserved communities - grant program

27-80-120. Building substance use disorder treatment capacity in underserved communities - grant program. (1) There is created in the behavioral health administration the building substance use disorder treatment capacity in underserved communities grant program, referred to in this section as the "grant program". (2) Subject to available appropriations, the BHA shall award grant program money to increase substance use disorder capacity and services in rural and frontier communities. Each managed service organization area that consists of at least fifty percent rural or frontier counties shall receive an equal proportion of the annual grant program money to disburse in local grants. (3) A grant committee shall review grant applications and, if approved, award local grants. The grant committee includes two members appointed by the county commissioners in the relevant managed service organization service area, two representatives from the managed service organization, and two members representing the BHA and appointed by the commissioner. The award of a local grant must be approved by a majority of the members of the grant committee. In awarding a local grant, the grant committee shall prioritize geographic areas that are unserved or underserved. After local grants are approved for each managed service organization service area, the BHA shall disburse grant program money to the managed service organization for distribution to local grant recipients. (4) Local grants must be used to ensure that local communities increase access to a continuum of substance use disorder treatment and recovery services, including medical or clinical detoxification, residential treatment, recovery support services, and intensive outpatient treatment. (5) Local governments, municipalities, counties, schools, law enforcement agencies, and primary care or substance use disorder treatment providers within or outside of the managed service organization's network of providers may apply for a local grant to provide services. (6) Money appropriated for the pilot program that remains unexpended and unencumbered at the end of the fiscal year is further appropriated to the BHA for the pilot program in the next fiscal year. (7) Repealed.

C.R.S. § 27-80-121 Perinatal substance use data linkage project - center for research into substance use disorder prevention, treatment, and recovery support strategies - report

27-80-121. Perinatal substance use data linkage project - center for research into substance use disorder prevention, treatment, and recovery support strategies - report. (1) The center for research into substance use disorder prevention, treatment, and recovery support strategies established in section 27-80-118, referred to in this section as the "center", in partnership with an institution of higher education and the state substance abuse trend and response task force established in section 18-18.5-103, shall conduct a statewide perinatal substance use data linkage project that uses ongoing collection, analysis, interpretation, and dissemination of data for the planning, implementation, and evaluation of public health actions to improve outcomes for families impacted by substance use during pregnancy. The data linkage project shall utilize data from the medical assistance program established in articles 4 to 6 of title 25.5; the electronic prescription drug monitoring program created in part 4 of article 280 of title 12; the Colorado TRAILS system, as defined in section 16-20.5-102 (10); the Colorado immunization information system created pursuant to part 24 of article 4 of title 25; the Colorado child care assistance program created in part 1 of article 4 of title 26.5; the BHA; the early intervention program for infants and toddlers under part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.; the Colorado department of education; other data sources related to maternal health, as collected by the Colorado department of public health and environment; the Colorado all-payer health claims database described in section 25.5-1-204; family experiences and provider perspectives, when necessary; and birth and death records to examine the following: (a) Health-care utilization by pregnant and postpartum women with substance use disorders and their infants compared to the general population; (b) Human service, education, public health program utilization, and substance use treatment by pregnant and postpartum women with substance use disorders and their infants compared to the general population; (c) Health-care, human service, education, and public health program outcomes, including morbidity and mortality outcomes, among pregnant and postpartum women with substance use disorders and their infants compared to the general population; and (d) Costs associated with health-care, human service, education, and public health program provisions for pregnant and postpartum women with substance use disorders and their infants compared to the general population. (2) The data linkage project shall use vital records to establish maternal and infant dyads beginning at the birth hospitalization and retrospectively link the prenatal period and prospectively link the first year postpartum. (3) The data linkage project may conduct ongoing research related to the incidence of perinatal substance exposure or related infant and family health, education, and human service outcomes based on the standards specified in sections 19-1-103 (1)(a)(VII) and 19-3-102 (1)(g) for determining child abuse or neglect or whether a child is neglected or dependent. (4) The data linkage project may connect additional state and non-state data sources for the purpose of improving population-level estimates of perinatal substance exposure and examining system utilization and outcomes. (5) The governor's office of information technology shall obtain data and perform secure linkage and anonymization on behalf of the state. ther a child is neglected or dependent. (4) The data linkage project may connect additional state and non-state data sources for the purpose of improving population-level estimates of perinatal substance exposure and examining system utilization and outcomes. (5) The governor's office of information technology shall obtain data and perform secure linkage and anonymization on behalf of the state. (6) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2021, and annually thereafter throughout the duration of the data linkage project, the center shall report progress on the data linkage project and the results, if available, to the health and insurance committee and the public health care and human services committee of the house of representatives and the health and human services committee of the senate or their successor committees.

C.R.S. § 27-80-122 Recovery residence certifying body - competitive selection process - appropriation

27-80-122. Recovery residence certifying body - competitive selection process - appropriation. (1) No later than January 1, 2022, the BHA shall use a competitive selection process pursuant to the "Procurement Code", articles 101 to 112 of title 24, to select a recovery residence certifying body to: (a) Certify recovery residences pursuant to section 27-80-129; and (b) Educate and train recovery residence owners and recovery residence staff on industry best practices, including best practices for providing culturally responsive and trauma-informed care. (2) For the 2021-22 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate two hundred thousand dollars to the BHA for the purpose of implementing this section.

C.R.S. § 27-80-123 High-risk families cash fund - creation - services provided - report - definition

27-80-123. High-risk families cash fund - creation - services provided - report - definition. (1) As used in this section, unless the context otherwise requires, "high-risk children and youth" means children or youth at risk of entering or who are involved with the juvenile justice system or the child welfare system. (2) There is created in the state treasury the high-risk families cash fund, referred to in this section as the "fund". The fund consists of money credited to the fund and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the BHA, which may expend money from the fund for the purposes specified in subsection (4) of this section. (3) Repealed. (4) The BHA may expend money in the fund for the following purposes: (a) For services to high-risk parents, including pregnant and parenting women, with substance use disorders; (b) For services for high-risk children and youth with behavioral health disorders; and (c) For services for families with behavioral health needs, including family-centered treatment models. (5) (a) The BHA may use money from the fund to contract with managed service organizations, private providers, schools, counties, nonprofit organizations, or municipalities to provide services described in subsection (4) of this section. (b) Money expended by the BHA must be used for one-time allocations to increase treatment capacity, including start-up costs and capital expenditures, or to provide substance use disorder recovery and wraparound services, including the prenatal plus program and access to child care, to high-risk families. (6) After considering relevant stakeholder feedback, the BHA shall annually prioritize the use of available money in the fund, recognizing statewide need and complementing existing funding for behavioral health services statewide. (7) Notwithstanding the provisions of section 24-1-136 (11)(a)(I) to the contrary, the BHA shall submit a report to the general assembly on July 1, 2020, and on July 1 each year thereafter, which report must include: (a) A summary of expenditures from the fund made by the BHA; (b) The impact of the expenditures in increasing services for high-risk families; and (c) Any recommendations to strengthen and improve access to services and services provided with money from the fund.

C.R.S. § 27-80-124 Colorado substance use disorders prevention collaborative - created - mission - administration - report - repeal

27-80-124. Colorado substance use disorders prevention collaborative - created - mission - administration - report - repeal. (Repealed)

C.R.S. § 27-80-125 Housing assistance for individuals with a substance use disorder - report - rules - appropriation

27-80-125. Housing assistance for individuals with a substance use disorder - report - rules - appropriation. (1) The BHA shall establish a program to provide temporary financial housing assistance to individuals with a substance use disorder who have no supportive housing options when the individual is: (a) Transitioning out of a residential treatment setting and into recovery; or (b) Receiving treatment for the individual's substance use disorder. (2) The BHA may promulgate rules establishing the maximum amount of temporary financial assistance that an individual can receive and the maximum amount of time for which an individual may receive assistance. Rules promulgated pursuant to this subsection (2) related to the time for which an individual may receive assistance must be clinically based, culturally responsive, and trauma-informed. (3) In awarding temporary financial housing assistance in accordance with this section, the BHA shall consider funding for individuals entering into a recovery residence, as defined in section 27-80-129. (4) Notwithstanding section 24-1-136 (11)(a)(I), by February 1, 2022, and by February 1 each year thereafter, the BHA shall submit a report detailing the amount of housing assistance provided in the prior year, the number of individuals and the entities that received the housing assistance, and the duration of housing assistance each individual or entity received to the health and human services committee of the senate, the health and insurance and the public and behavioral health and human services committees of the house of representatives, and the opioid and other substance use disorders study committee created in section 10-22.3-101, or any successor committees. (5) For the 2021-22 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate four million dollars to the BHA for the purpose of the housing program described in this section.

C.R.S. § 27-80-126 Recovery support services grant program - creation - eligibility - reporting requirements - appropriation - rules - definitions

27-80-126. Recovery support services grant program - creation - eligibility - reporting requirements - appropriation - rules - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Grant program" means the recovery support services grant program created in this section. (b) "Recovery community organization" means an independent, nonprofit organization led and governed by representatives of local communities of recovery that organize recovery-focused policy advocacy activities, carry out recovery-focused community education and outreach programs, or provide peer-run recovery support services. (2) There is created in the behavioral health administration the recovery support services grant program, referred to in this section as the "grant program", to provide grants to recovery community organizations for the purpose of providing recovery-oriented services to individuals with a substance use disorder or co-occurring substance use and mental health disorder. (3) A recovery community organization that receives a grant from the grant program may use the money to: (a) Offer opportunities for individuals with a substance use disorder or co-occurring substance use and mental health disorder in recovery to engage in activities focused on mental or physical wellness or community service; (b) Provide guidance to individuals with a substance use disorder or co-occurring substance use and mental health disorder and their family members on the many pathways for recovery, navigating treatment, social services, and recovery support systems; (c) Help individuals with a substance use disorder or co-occurring substance use and mental health disorder to connect with resources needed to initiate and maintain recovery as outlined by the federal substance abuse and mental health services administration's four dimensions of recovery: Health, home, community, and purpose; (d) Assist in establishing and sustaining a social and physical environment supportive of recovery; (e) Provide local and state recovery resources to recovery community organization participants and community members; and (f) Provide recovery support services for caregivers and families of individuals recovering from a substance use and co-occurring mental health disorder. (4) The BHA shall administer the grant program. Subject to available appropriations, the BHA shall disburse grant money appropriated pursuant to subsection (8) of this section to each managed service organization designated pursuant to section 27-80-107. (5) The BHA shall implement the grant program in accordance with this section. Pursuant to article 4 of title 24, the BHA shall promulgate rules as necessary to implement the grant program. (6) (a) To receive a grant, a recovery community organization must submit an application to the applicable managed service organization in accordance with rules promulgated by the BHA. (b) Each managed service organization shall review the applications received pursuant to this section. In awarding grants, the managed service organization shall prioritize an applicant whose program outlines the capacity to deliver recovery support services to meet the needs of diverse racial, cultural, income, ability, and other underserved groups, including the delivery of recovery support services by culturally responsive and trauma-informed professionals. (7) (a) On or before December 1, 2023, and on or before December 1 each year thereafter, each managed service organization that awards grants shall submit a report to the BHA. At a minimum, the report must include the following information: (I) The number of community members involved in the recovery community organization; (II) A detailed description of the organization's advocacy efforts; (III) Any collaborative projects a recovery community organization has with other recovery community organizations across the state; and (IV) Any other information required by the BHA. inimum, the report must include the following information: (I) The number of community members involved in the recovery community organization; (II) A detailed description of the organization's advocacy efforts; (III) Any collaborative projects a recovery community organization has with other recovery community organizations across the state; and (IV) Any other information required by the BHA. (b) On or before March 1, 2022, and on or before March 1 each year thereafter for the duration of the grant program, the BHA shall submit a summarized report on the grant program to the health and human services committee of the senate and the health and insurance and the public and behavioral health and human services committees of the house of representatives, or any successor committees, and to the opioid and other substance use disorders study committee created in section 10-22.3-101. (c) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in this subsection (7) continue indefinitely. (8) For the 2021-22 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate one million six hundred thousand dollars from the general fund to the BHA to implement the grant program. The BHA may use a portion of the money appropriated for the grant program to pay the direct and indirect costs of administering the grant program.

C.R.S. § 27-80-127 Children and youth in need of residential mental health and substance use treatment - repeal

27-80-127. Children and youth in need of residential mental health and substance use treatment - repeal. (1) On or before July 1, 2023, the behavioral health administration, created pursuant to part 2 of article 60 of this title 27, shall create, develop, or contract to add additional residential substance use treatment beds for youth. To the greatest extent possible, the department shall ensure that both mental health and substance use treatment services are available in one residential location. The department shall work collaboratively with the behavioral health administration for licensing and determining the greatest areas of need. (2) (a) (I) For the 2022-23 budget year, the general assembly shall appropriate five million dollars from the behavioral and mental health cash fund, created pursuant to section 24-75-230, to the department to expand substance use residential treatment beds for adolescents, as described in subsection (1) of this section. (II) The use of money appropriated pursuant to this subsection (2) and money that originates from the ARPA refinance state money cash fund, created in section 24-75-226.5, appropriated for the same purpose, must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d). (b) This subsection (2) is repealed, effective September 1, 2027. (3) The department of human services and any person that receives money from the department of human services shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5). (4) This section is known as the "Andy Campos-Padilla Act".

C.R.S. § 27-80-128 Fentanyl education and treatment program

27-80-128. Fentanyl education and treatment program. The behavioral health administration shall develop a fentanyl education program for the purpose of sections 18-1.3-410 and 18-1.3-510. The fentanyl education program must include information regarding the nature and addictive elements of synthetic opiates, their dangers to a person's life and health, access to and administration of opioid antagonists and non-laboratory synthetic opiate detection tests, and laws regarding synthetic opiates, including criminal penalties and immunity for reporting an overdose event pursuant to section 18-1-711. The BHA may update the fentanyl education program curriculum as necessary.

C.R.S. § 27-80-129 Regulation of recovery residences - rules - definitions

27-80-129. Regulation of recovery residences - rules - definitions. (1) As used in this section: (a) "Certifying body" means the body that certifies a recovery residence approved by the behavioral health administration in the department of human services pursuant to section 27-80-122. (b) (I) "Recovery residence" means any premises, place, facility, or building that provides housing accommodation for individuals with a primary diagnosis of a substance use disorder that: (A) Is free from alcohol and nonprescribed or illicit drugs; (B) Promotes independent living and life skill development; and (C) Provides structured activities and recovery support services that are primarily intended to promote recovery from substance use disorders. (II) "Recovery residence" does not include: (A) A private residence in which an individual related to the owner of the residence by blood, adoption, or marriage is required to abstain from substance use or receive behavioral health services for a substance use disorder as a condition of residing in the residence; (B) The supportive residential community for individuals who are homeless operated under section 24-32-724 at the Fort Lyon property for the purpose of providing substance abuse supportive services, medical care, job training, and skill development for the residents; (C) A facility approved for residential treatment by the behavioral health administration in the department of human services; or (D) Permanent supportive housing units incorporated into affordable housing developments. (2) A recovery residence may admit individuals who are receiving medication-assisted treatment, including agonist treatment, for substance use disorders; except that a recovery residence receiving state money or providing services that are paid for through state programs shall not deny admission to persons who are participating in prescribed medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder. : (3) (a) A person shall not operate a recovery residence or a substantially similar facility, and a licensed, registered, or certified health-care provider; a managed care entity, as defined in section 25.5-5-802 (5); a managed care organization, as defined in section 25.5-5-403 (5); or a licensed health facility shall not refer an individual to a recovery residence, unless the residence: (I) Is certified by a certifying body as specified in subsection (4) of this section; (II) Is chartered by Oxford House or its successor organization; or (III) Has been operating as a recovery residence in Colorado for thirty or more years as of May 23, 2019. (b) If a person is operating a recovery residence or a substantially similar facility in violation of subsection (3)(a) of this section, the behavioral health administration shall send the facility a cease-and-desist letter. (4) The behavioral health administration shall, by rule, determine the requirements for a certifying body seeking approval for purposes of subsection (3)(a)(I) of this section, which rules must include a requirement that a certifying body include a representative from the behavioral health administration on its board. (5) A recovery residence owner, employee, or administrator, or an individual related to a recovery residence owner, employee, or administrator, shall not directly or indirectly: (a) Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or material value, excluding the supportive services required to place the resident: (I) For admission of a resident, except for state or federal contracts that specifically reimburse for resident fees; (II) From a treatment facility that is licensed or certified by the department of public health and environment for the treatment of substance use disorders; or (III) From a facility approved for residential treatment by the behavioral health administration in the department of human services; ion of a resident, except for state or federal contracts that specifically reimburse for resident fees; (II) From a treatment facility that is licensed or certified by the department of public health and environment for the treatment of substance use disorders; or (III) From a facility approved for residential treatment by the behavioral health administration in the department of human services; (b) Solicit, accept, or receive a commission, payment, trade, fee, or anything of monetary or material value from a toxicology laboratory that provides confirmation testing or point-of-care testing for residents. (6) A recovery residence shall have the following in place for each client at the time an individual becomes a client of the recovery residence: (a) A signed program agreement between the recovery residence and the client that outlines the requirements the client must follow to reside at the recovery residence; the drug screening policy; and the recovery residence's code of conduct that prohibits the use of alcohol, nonprescribed drugs, and illicit drugs; and notice of immediate discharge for possession of alcohol, nonprescription drugs, or illicit drugs in the recovery residence; and (b) A relapse plan that must be implemented if the client returns to the use of alcohol, nonprescribed drugs, or illicit drugs. The relapse plan must outline steps that must be taken to evaluate and address the client's return to use and to allow the client to remain in the recovery residence after a relapse has occurred, if possible. The recovery residence must provide notification to the client if the client's relapse plan has failed. (7) (a) Recovery residence staff shall develop a client discharge and transfer policy and submit it for approval to its certifying body. Recovery residence staff shall implement a client discharge and transfer policy that is approved by the certifying body. After the certifying body approves the recovery residence's client discharge and transfer policy, the recovery residence staff may discharge or transfer a client with twenty-four hours' notice if the relapse plan has failed, according to the policy, in any of the following circumstances: (I) The discharge or transfer is necessary for the safety of the client because the recovery residence is unable to meet the needs of the client; or (II) If the client returns to the use of alcohol, nonprescription drugs, or illicit drugs. (b) Recovery residence staff may immediately discharge or transfer a client, according to the policy, if the client is in possession of alcohol, nonprescription drugs, or illicit drugs in the recovery residence. (c) If a client is unable or no longer wishes to reside in a recovery residence, or is discharged or transferred from a recovery residence, prior to the client vacating the recovery residence, the recovery residence staff shall: (I) Document in the client's record detailed information regarding the basis for the discharge or transfer; (II) Provide the client with a referral to treatment services or other recovery support services; (III) Provide the client with a referral to appropriate services if the client is discharged without food, housing, or economic security, if such services exist in the community; and (IV) Provide the client with the phone number to contact the Colorado crisis services hotline, information on the availability of peer support services, and information about the behavioral health services directory provided by the behavioral health administration. (d) Recovery residence staff shall document in the client's record any referrals provided to the client pursuant to subsection (7)(c) of this section. If the client refuses to accept the discharge or transfer, the recovery residence staff shall document the refusal in the client's record. information about the behavioral health services directory provided by the behavioral health administration. (d) Recovery residence staff shall document in the client's record any referrals provided to the client pursuant to subsection (7)(c) of this section. If the client refuses to accept the discharge or transfer, the recovery residence staff shall document the refusal in the client's record. (e) The recovery residence shall, at a minimum, attempt to follow up with the client's designated emergency contact at the time of discharge. The recovery residence is encouraged to utilize peer support professionals, as defined in section 27-60-108, when performing follow-up care with clients. a recovery residence may facilitate follow-up care through contacts with community-based providers or the Colorado crisis hotline. (8) The certifying body shall establish a fair and accessible grievance and appeal process for clients to appeal a discharge or transfer decision made by a recovery residence. The grievance and appeal process must, at a minimum: (a) Require written documentation of the grievance within one week of receiving the grievance if the grievance is received verbally; and (b) Provide the client with a decision not later than seventy-two hours after the date the client submits a grievance or appeal. (9) The recovery residence shall provide a client who is discharged or transferred with a written notice indicating the reason for discharge, treatment referrals, and referrals for other services the client is receiving. The written notice must outline the client's right to appeal the discharge or transfer, the timeline required for an appeal, and how to submit an appeal. (10) Any certified recovery residence or client adversely affected or aggrieved by a decision made by the certifying body pursuant to this section has the right to appeal to the Colorado department of personnel and administration, office of administrative courts and may subsequently seek judicial review of the certifying body's action. (11) A recovery residence shall make the recovery residence's code of conduct, drug screening policy, and discharge and transfer policy accessible in all common areas of the recovery residence. (12) The recovery residence shall not consider age, gender, disability, race, color, ancestry, citizenship, pregnancy, sexual orientation, gender identity or expression, national origin, medical condition, marital status, veteran status, payment source or ability, or any other basis prohibited by federal, state, or local law when determining whether to discharge or transfer a client.

C.R.S. § 27-80-201 Short title

27-80-201. Short title. This part 2 shall be known and may be cited as the "Colorado Licensing of Controlled Substances Act".

C.R.S. § 27-80-202 Legislative declaration

27-80-202. Legislative declaration. The general assembly finds, determines, and declares that strict control of controlled substances within this state is necessary for the immediate and future preservation of the public peace, health, and safety and that the licensing, record-keeping, penalty, and other provisions contained in this part 2 are necessary for the achievement of such control.

C.R.S. § 27-80-203 Definitions

27-80-203. Definitions. As used in this part 2, unless the context otherwise requires: (1) and (2) Repealed. (3) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient. (4) "Agent" means an authorized person who acts on behalf of or at the direction of a person licensed or otherwise authorized under this part 2. "Agent" does not include a common or contract carrier, a public warehouseman, or an employee of a carrier or warehouseman. (5) "Bureau" means the drug enforcement administration, or its successor agency, of the United States department of justice. (6) (a) "Compound" means to prepare, mix, assemble, package, or label a drug or device: (I) As the result of a practitioner's prescription drug order, chart order, or initiative, based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice; or (II) For the purpose of, or as an incident to, teaching or chemical analysis and not for sale or dispensing. (b) "Compound" also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. (7) "Controlled substance" shall have the same meaning as in section 18-18-102 (5), C.R.S. (8) "Deliver" or "delivery" means actual, constructive, or attempted transfer of a controlled substance whether or not there is an agency relationship. (9) "Detoxification treatment" means a program for a short term of not more than three weeks for the administering or dispensing, in decreasing doses, of a controlled substance to a person with a substance use disorder while he or she is receiving appropriate supportive medical treatment, with the immediate goal being to render the person no longer dependent on the intake of any amount of a controlled substance. (10) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, or similar or related article that is required under federal law to bear the label, "Caution: federal law requires dispensing by or on the order of a physician." "Device" also includes any component part of, or accessory or attachment to, any such article, whether or not the component part, accessory, or attachment is separately so labeled. (11) "Dispense" means to interpret, evaluate, and implement a prescription drug or controlled substances order or chart order, including the preparation of a drug or device for a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to or use by a patient. (12) "Distribute" means to deliver a controlled substance other than by administering or dispensing. (13) (a) "Drug" means any of the substances: (I) Recognized as drugs in the official United States pharmacopoeia, national formulary, or the official homeopathic pharmacopoeia of the United States, or a supplement thereof; (II) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (III) Other than food, intended to affect the structure or any function of the body of individuals or animals; or (IV) Intended for use as a component of any substance specified in subparagraph (I), (II), or (III) of this paragraph (a). United States, or a supplement thereof; (II) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (III) Other than food, intended to affect the structure or any function of the body of individuals or animals; or (IV) Intended for use as a component of any substance specified in subparagraph (I), (II), or (III) of this paragraph (a). (b) "Drug" does not include devices or their components, parts, or accessories. (14) "Maintenance treatment" means a program of more than six months' duration for the administering or dispensing of a controlled substance, approved for such use by federal law or regulation, to a person with a substance use disorder for the purpose of continuing his or her dependence upon a controlled substance in the course of conducting an authorized rehabilitation program for persons with substance use disorders, with a long-term goal of decreasing the person's controlled substance dependency and leading to his or her possible withdrawal. (15) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant that is incapable of germination, if these items exist apart from any other item defined as "marijuana" in this subsection (15). "Marijuana" does not include marijuana concentrate as defined in subsection (16) of this section. (16) "Marijuana concentrate" means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols. (16.5) "Opioid treatment program" means a treatment program licensed pursuant to this part 2 and certified as an opioid treatment program by the federal substance abuse and mental health services administration pursuant to the rules of the federal department of health and human services and the federal drug enforcement administration, to provide medication-assisted treatment for people diagnosed with an opioid-use disorder. (17) "Peace officer" shall have the same meaning as set forth in section 16-2.5-101, C.R.S. (18) "Person" means any individual, government, governmental subdivision, agency, business trust, estate, trust, partnership, corporation, association, institution, or other legal entity. (19) "Peyote" means all parts of the plant presently classified botanically as lophophora williamsii lemaire, whether growing or not, the seeds thereof, any extraction from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or extracts. (20) "Practitioner" means a person authorized by law to prescribe any drug or device, acting within the scope of such authority. (21) "Prescription drug" means a drug that, prior to being dispensed or delivered, is required to be labeled with the following statement: "Caution: Federal law prohibits dispensing without a prescription.", "Rx only", or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian." (22) "Production" or "produces" means the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance. to being dispensed or delivered, is required to be labeled with the following statement: "Caution: Federal law prohibits dispensing without a prescription.", "Rx only", or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian." (22) "Production" or "produces" means the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance. (23) Repealed. (23.3) "Substance use disorder" means a physical or psychological dependence on a controlled substance that develops following the use of the controlled substance on a periodic or continuing basis and is demonstrated by appropriate observation and tests by a person licensed to practice medicine pursuant to article 240 of title 12. (23.5) "Substance use disorder treatment program" means a program licensed pursuant to this part 2 for the detoxification, withdrawal, or maintenance treatment of a person with a substance use disorder. "Substance use disorder treatment program" includes an opioid treatment program. (24) (a) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following: (I) 1cis or trans tetrahydrocannabinol, and their optical isomers; (II) 6cis or trans tetrahydrocannabinol, and their optical isomers; (III) 3,4cis or trans tetrahydrocannabinol, and their optical isomers. (b) Since the nomenclature of the substances listed in paragraph (a) of this subsection (24) is not internationally standardized, compounds of these structures, regardless of the numerical designation of atomic positions, are included in this definition. (25) "Withdrawal treatment" means a program for an intermediate term, of more than three weeks but less than six months, for the administering or dispensing, in decreasing doses, of a controlled substance, approved for such use by federal law or regulation, to a person with a substance use disorder while receiving rehabilitative measures as indicated, with the immediate goal being to render the person with the substance use disorder no longer dependent on the intake of any amount of a controlled substance.

C.R.S. § 27-80-204 License required - controlled substances - repeal

27-80-204. License required - controlled substances - repeal. (1) (a) In accordance with part 3 of article 18 of title 18, a substance use disorder treatment program that compounds, administers, or dispenses a controlled substance shall annually obtain a license issued by the BHA for each place of business or professional practice located in this state. (b) (I) This subsection (1) is repealed, effective September 1, 2026. (II) Prior to the repeal, the department of regulatory agencies shall review the licensing functions of the BHA as provided in section 24-34-104. In conducting the review, the department of regulatory agencies shall consider whether the licensing pursuant to this subsection (1) should be combined with the licensing of any other substance use disorder treatment programs by the department. (2) Persons licensed as required under this part 2, or otherwise licensed as required by federal law, may possess, distribute, dispense, or administer controlled substances only to the extent authorized by their licenses and in conformity with the provisions of this part 2 and with article 18 of title 18. (3) An employee of a facility, as defined in section 25-1.5-301, who is administering and monitoring medications to persons under the care or jurisdiction of the facility pursuant to part 3 of article 1.5 of title 25 need not be licensed by the BHA to lawfully possess controlled substances under this part 2. (4) A person who is required to be but is not yet licensed may apply for a license at any time. A person who is required to be licensed under this part 2 shall not engage in any activity for which a license is required until the BHA grants the person's application and issues a license to the person. (5) Repealed.

C.R.S. § 27-80-205 Issuance of license - fees

27-80-205. Issuance of license - fees. (1) The BHA, as provided in section 27-80-204 (1), shall issue the appropriate license to each substance use disorder treatment program meeting all the requirements of this part 2 unless it determines that the issuance of the license would be inconsistent with the public interest. In determining the public interest, the BHA shall consider the following factors: (a) Maintenance of effective controls against diversion of controlled substances into illegitimate medical, scientific, or industrial channels; (b) Compliance with applicable state and local laws; (c) Any conviction of the applicant under any federal or state law relating to a controlled substance; (d) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion; (e) Any false or fraudulent information in an application filed under this part 2; (f) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance as authorized by federal law; and (g) Any other factors relevant to and consistent with the public peace, health, and safety. (2) Issuance of a license under subsection (1) of this section does not entitle a licensee to distribute or professionally use controlled substances beyond the scope of the licensee's federal registration. (3) (a) Repealed. (a.5) The BHA may administratively set initial and annual license fees for substance use disorder treatment programs to approximate the direct and indirect costs of the program. (b) The BHA shall transmit the fees collected pursuant to this section to the state treasurer for deposit in the controlled substances program fund created in section 27-80-206. (4) Any person who is licensed may apply for license renewal not more than sixty days before the expiration date of the license. (5) The United States, the state of Colorado, or any political subdivision of the state is not required to pay any license fee required by this part 2.

C.R.S. § 27-80-206 Controlled substances program fund - disposition of fees

27-80-206. Controlled substances program fund - disposition of fees. There is created in the state treasury the controlled substances program fund. The BHA shall transmit all money it collects pursuant to this part 2 to the state treasurer, who shall credit the money to the controlled substances program fund. The general assembly shall annually appropriate money from the controlled substances program fund to the BHA for the purposes authorized by this part 2. All money credited to the controlled substances program fund and any interest earned on the fund remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year.

C.R.S. § 27-80-207 Qualifications for license

27-80-207. Qualifications for license. (1) An applicant for a license under this part 2 shall have adequate and proper facilities for the handling and storage of controlled substances and shall maintain proper control over the controlled substances to ensure the controlled substances are not illegally dispensed or distributed. (2) Repealed. (3) The BHA shall not grant a license to a person who has been convicted within the last two years of a willful violation of this part 2 or any other state or federal law regulating controlled substances. (4) Except for fees, compliance by a registrant with the provisions of the federal law respecting registration entitles the registrant to be licensed under this part 2.

C.R.S. § 27-80-208 Denial, revocation, or suspension of license - other disciplinary actions - notice

27-80-208. Denial, revocation, or suspension of license - other disciplinary actions - notice. (1) The BHA may deny, suspend, or revoke a license issued under this part 2 pursuant to article 4 of title 24, or take other disciplinary action as set forth in subsection (2.5) of this section, at the BHA's discretion, upon a finding that the licensee: (a) Has furnished false or fraudulent information in an application filed under this part 2; (b) Has been convicted of, or has had accepted by a court a plea of guilty or nolo contendere to, a felony under any state or federal law relating to a controlled substance; (c) Has had his or her federal registration to manufacture, distribute, or dispense a controlled substance suspended or revoked; or (d) Has violated any provision of this part 2 or the rules of the BHA or of the state board of human services created in section 26-1-107. (2) The BHA may limit revocation or suspension of a license to the particular controlled substance that was the basis for revocation or suspension. (2.5) If the BHA determines that a licensee has committed an act that would authorize the BHA to deny, revoke, or suspend a license, the BHA may, at its discretion, impose other disciplinary actions that may include, but need not be limited to, a fine not to exceed five hundred dollars, probation, or stipulation. (3) If the BHA suspends or revokes a license, the BHA may place all controlled substances owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order under seal. The BHA may not dispose of substances under seal until the time for making an appeal has elapsed or until all appeals have been concluded, unless a court orders otherwise or orders the sale of any perishable controlled substances and the deposit of the proceeds with the court. When a revocation order becomes final, all controlled substances may be forfeited to the state. (4) The BHA shall promptly notify the bureau and the appropriate professional licensing agency, if any, of all charges and the final disposition of the charges, and of all forfeitures of a controlled substance. (5) (a) On or before July 1, 2020, the BHA shall develop and implement a formal, simple, accurate, and objective system to track and categorize complaints made against a licensee and disciplinary action taken pursuant to this part 2. (b) Repealed.

C.R.S. § 27-80-209 Exemptions

27-80-209. Exemptions. (1) The provisions of section 18-18-414, C.R.S., do not apply to: (a) Agents of persons licensed under this part 2 or under part 3 of article 18 of title 18, C.R.S., acting within the provisions of their licenses; or (b) Officers or employees of appropriate agencies of federal, state, or local governments acting pursuant to their official duties. (2) All combination drugs that are exempted by regulation of the attorney general of the United States department of justice, pursuant to section 1006 (b) of Public Law 91-513 (84 Stat. 1236), known as the "Comprehensive Drug Abuse Prevention and Control Act of 1970", on or after July 1, 1981, are exempt from this part 2 and part 3 of article 18 of title 18, C.R.S. (3) This part 2 does not apply to peyote if it is used in religious ceremonies of any bona fide religious organization. (4) Section 27-80-210 does not apply to a practitioner authorized to prescribe any controlled substance that is listed in schedules III, IV, or V of part 2 of article 18 of title 18, C.R.S., and that is manufactured, received, or dispensed by the practitioner in the course of his or her professional practice, unless: (a) The practitioner dispenses, other than by direct administration, a schedule III, IV, or V controlled substance to his or her patients, and the practitioner charges the patients either separately or together with charges for other professional services; or (b) The practitioner regularly engages in dispensing a schedule III, IV, or V controlled substance to his or her patients. (5) The exemptions set forth in this section are available as a defense to any person accused of violating section 18-18-414, C.R.S. (6) The state is not required to negate any exemption or exception in this part 2 or in part 3 or 4 of article 18 of title 18, C.R.S., in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this part 2 or under part 4 of article 18 of title 18, C.R.S. The burden of proving an exemption or exception is upon the person claiming the exemption or exception.

C.R.S. § 27-80-210 Records to be kept - order forms

27-80-210. Records to be kept - order forms. (1) Each person licensed or otherwise authorized under this part 2 or other laws of this state to manufacture, purchase, distribute, dispense, administer, store, or otherwise handle controlled substances shall keep and maintain separate detailed and accurate records and inventories relating to controlled substances and retain the records and inventories for a period of two years after the respective dates of the transactions as shown on the records and inventories. (2) The record of any controlled substance distributed, administered, dispensed, or otherwise used must show the date the controlled substance was distributed, administered, dispensed, used, or otherwise disposed of, the name and address of the person to whom or for whose use the controlled substance was distributed, administered, dispensed, used, or otherwise disposed of, and the kind and quantity of the controlled substance. (3) A person who maintains a record required by federal law that contains substantially the same information as set forth in subsections (1) and (2) of this section is deemed to comply with the record-keeping requirements of this part 2. (4) A person required to maintain records pursuant to this section shall keep a record of any controlled substance lost, destroyed, or stolen, the kind and quantity of the controlled substance, and the date of the loss, destruction, or theft. (5) A person licensed or otherwise authorized under this part 2 or other laws of this state shall distribute, administer, dispense, use, or otherwise dispose of controlled substances listed in schedule I or II of part 2 of article 18 of title 18, C.R.S., only pursuant to an order form. Compliance with the provisions of federal law respecting order forms is deemed compliance with this section.

C.R.S. § 27-80-211 Enforcement and cooperation

27-80-211. Enforcement and cooperation. (1) Each peace officer and district attorney in this state shall enforce this part 2 and shall cooperate with all agencies charged with the enforcement of the laws of this state, all other states, and the United States relating to controlled substances. (2) The BHA shall cooperate with all agencies charged with the enforcement of the laws of this state, all other states, and the United States relating to controlled substances. To this end, the BHA shall: (a) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; (b) Cooperate with the bureau and with local, state, and other federal agencies by maintaining a centralized unit to accept, catalogue, file, and collect statistics, including records of dependent and other controlled substance law offenders within the state, and make the information available for federal, state, and local law enforcement or regulatory purposes. The BHA shall not furnish the name or identity of a patient whose identity could not be obtained under section 27-80-212. (c) Respond to referrals, complaints, or other information received regarding possible violations and, upon notification of the appropriate licensing authority, if applicable, and upon a written finding by the commissioner that probable cause exists to believe that there is illegal distribution or dispensing of controlled substances, to make any inspections, investigations, and reports that may be necessary to determine compliance with this part 2 by all licensed or otherwise authorized individuals who handle controlled substances; (d) Cooperate with and make information available to appropriate state licensing and registration boards regarding any violations of this part 2 by persons licensed or registered by the boards; (e) Enter into contracts and encourage and conduct educational and research activities designed to prevent and determine misuse and abuse of controlled substances.

C.R.S. § 27-80-212 Records confidential

27-80-212. Records confidential. Prescriptions, orders, and records required by this part 2 and stocks of controlled substances are open for inspection only to federal, state, county, and municipal officers whose duty it is to enforce the laws of this state or of the United States relating to controlled substances or the regulation of practitioners. No officer having knowledge, by virtue of his or her office, of a prescription, order, or record shall divulge his or her knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer to which prosecution or proceeding the person to whom the prescriptions, orders, or records relate is a party.

C.R.S. § 27-80-213 Rules - policies

27-80-213. Rules - policies. (1) The BHA shall update rules and promulgate new rules, as necessary and pursuant to article 4 of title 24, to implement this part 2. The BHA shall make the rules available to the public on its website. (2) The BHA shall promulgate rules, in accordance with article 4 of title 24, for the conduct of detoxification treatment, maintenance treatment, and withdrawal treatment programs for substance use disorders related to controlled substances. (3) The BHA shall develop a policy that separates the administration of this part 2 from the administration of article 81 of this title 27. The policy must ensure that the BHA's performance of its duties pursuant to this part 2 does not interfere with the performance of its duties as required by article 81 of this title 27.

C.R.S. § 27-80-214 Defenses

27-80-214. Defenses. The common law defense known as the "procuring agent defense" is not a defense to any crime in this part 2 or in title 18, C.R.S.

C.R.S. § 27-80-215 Central registry - registration required - notice - repeal

27-80-215. Central registry - registration required - notice - repeal. (1) (a) On or before July 1, 2020, the BHA shall develop or procure a secure online central registry, referred to in this section as the "registry", to register patients treated in a substance use disorder treatment program. (b) The BHA shall operate and maintain the registry or enter into an agreement with a third party to operate and maintain the registry on its behalf. (c) Each opioid treatment program shall register and maintain an account with the registry. (d) Repealed. (2) (a) (I) In order to prevent simultaneous enrollment of a patient in more than one opioid treatment program, each opioid treatment program shall fully participate in the registry, including submitting a query to the registry for each patient and entering in patient information as required by this part 2 and BHA rule. (II) For each patient, the entry into the registry must include the patient's name, the opioid treatment program providing treatment to the patient, and any information the BHA deems necessary to further the goals of this part 2. (III) Any person seeking treatment from an opioid treatment program must provide the program with any information required by this section and authorize the program to query the registry. A program may not query or enter any information into the registry without authorization from the patient. (b) The BHA shall establish the method for opioid treatment programs to enter information into the registry and query the registry for information concerning prospective patients. (3) (a) This section is repealed, effective September 1, 2026. (b) Prior to the repeal, the department of regulatory agencies shall review the registration functions of the BHA as provided in section 24-34-104.

C.R.S. § 27-80-216 Policy verifying identity

27-80-216. Policy verifying identity. 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 individuals without identification and individuals experiencing homelessness.

C.R.S. § 27-80-301 Short title

27-80-301. Short title. The short title of this part 3 is the "Behavioral Health Access to Care Ombudsman Act".

C.R.S. § 27-80-302 Definitions

27-80-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Health-care provider" or "provider" means: (a) A professional person, as defined in section 27-65-102 (27); (b) A mental health professional licensed or certified under article 245 of title 12; (c) Any other health-care provider regulated by the state when engaged in assisting consumers with behavioral health-care access and coverage issues; or (d) A health-care facility licensed pursuant to section 25-1.5-103, when the facility is engaged in assisting consumers with behavioral health-care access and coverage issues. (2) "Office" means the office of the ombudsman for behavioral health access to care created in section 27-80-303. (3) "Ombudsman" means the individual designated pursuant to section 27-80-303 as the ombudsman for behavioral health access to care.

C.R.S. § 27-80-303 Office of ombudsman for behavioral health access to care - creation - appointment of ombudsman - duties

27-80-303. Office of ombudsman for behavioral health access to care - creation - appointment of ombudsman - duties. (1) (a) There is created in the office of the executive director of the department the office of the ombudsman for behavioral health access to care for the purpose of assisting Coloradans in accessing behavioral health care. The office of the ombudsman for behavioral health access to care is a type 1 entity, as defined in section 24-1-105. (b) The department and the BHA shall offer the office limited support with respect to: (I) Personnel matters; (II) Recruitment; (III) Payroll; (IV) Benefits; (V) Budget submission, as needed; (VI) Accounting; (VII) Office space, facilities, and technical support; and (VIII) Administrative support that will help maintain the independence of the office. (c) The office operates with full independence and has complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office and the ombudsman, subject to state personnel and fiscal rules. The office may seek, accept, and expend gifts, grants, or donations for the purpose of operating the office. The department may, but is not required to, provide funding to the office. (2) By November 1, 2018, the governor shall designate an ombudsman for behavioral health access to care, who shall serve as director of the office. The ombudsman shall serve as a neutral party to help consumers, including consumers who are uninsured or have public or private health benefit coverage, including coverage that is not subject to state regulation, and health-care providers, acting on their own behalf, on behalf of a consumer with the consumer's written permission, or on behalf of a group of health-care providers, navigate and resolve issues and ensure compliance regarding consumer access to behavioral health care, including care for mental health conditions and substance use disorders. (3) The ombudsman shall: (a) Interact with consumers and health-care providers with concerns or complaints to help the consumers and providers resolve behavioral health-care access and coverage issues; (b) Identify, track, and report to the appropriate regulatory or oversight agency concerns, complaints, and potential violations of state or federal rules, regulations, or statutes concerning the availability of, and terms and conditions of, benefits for mental health conditions or substance use disorders, including potential violations related to quantitative and nonquantitative treatment limitations; (c) Receive and assist consumers and providers in reporting concerns and filing complaints with appropriate regulatory or oversight agencies relating to inappropriate care, a procedure for an emergency mental health hold pursuant to section 27-65-106, a certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109, or a certification for long-term care and treatment pursuant to section 27-65-110; (d) Provide appropriate information to help consumers obtain behavioral health care; (e) Develop appropriate points of contact for referrals to other state and federal agencies; (f) Provide appropriate information to help consumers or health-care providers file appeals or complaints with the appropriate entities, including insurers and other state and federal agencies; and to section 27-65-110; (d) Provide appropriate information to help consumers obtain behavioral health care; (e) Develop appropriate points of contact for referrals to other state and federal agencies; (f) Provide appropriate information to help consumers or health-care providers file appeals or complaints with the appropriate entities, including insurers and other state and federal agencies; and (g) Be the appointing authority for any employees the office may choose to hire. Any such employees are state employees subject to the state personnel system. (4) The ombudsman, employees of the office, and any persons acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department and the BHA with respect to the treatment of confidential information or records and the disclosure of such information and records. (5) In the performance of the ombudsman's duties, the ombudsman shall act independently of the department and the BHA. Any recommendations made or positions taken by the ombudsman do not reflect those of the department or the BHA.

C.R.S. § 27-80-304 Liaisons - department - commissioner of insurance

27-80-304. Liaisons - department - commissioner of insurance. The commissioner of insurance and the executive director of the department shall each appoint a liaison to the ombudsman to receive reports of concerns, complaints, and potential violations described in section 27-80-303 (3)(b) from the ombudsman, consumers, or health-care providers.

C.R.S. § 27-80-305 Qualified immunity

27-80-305. Qualified immunity. The ombudsman and employees or persons acting on behalf of the office are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property, or for personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred within the scope of employment, duties, or responsibilities pertaining to the office, including issuing reports or recommendations; except that nothing in this section protects those persons from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person.

C.R.S. § 27-80-306 Annual report

27-80-306. Annual report. (1) On or before September 1, 2020, and on or before September 1 of each year thereafter, the ombudsman shall prepare and submit, in accordance with subsection (2) of this section, a written report that includes information from the preceding fiscal year concerning actions taken by the ombudsman relating to the duties of the office set forth in section 27-80-303. (2) The ombudsman shall submit the report required by this section to the governor, the executive director of the department and the commissioner of the BHA, the commissioner of insurance, the senate committee on health and human services or any successor committee, and the house of representatives committees on health and insurance and public and behavioral health and human services or any successor committees. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement set forth in this section continues indefinitely. (3) The ombudsman shall post the annual report on the BHA's website. (4) The ombudsman shall not include in the report required by this section any personally identifying information about an individual consumer or health-care provider or identifying information about a health-care facility licensed pursuant to section 25-1.5-103 or an emergency medical services facility, as defined in section 27-65-102.

Source: 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