CO Code § 27-65-121 (2021)
2021 Colorado Code|Title 27 - Behavioral Health|Article 65 - Care and Treatment of Persons With Mental Health Disorders|§ 27-65-121. Records

  Except as provided in subsection (2) of this section, all information obtained and records prepared in the course of providing any services pursuant to this article 65 to individuals pursuant to any provision of this article 65 are confidential and privileged matter. The information and records may be disclosed only:   In communications between qualified professional personnel in the provision of services or appropriate referrals;    When the recipient of services designates persons to whom information or records may be released; but, if a recipient of services is a ward or conservatee and his or her guardian or conservator designates, in writing, persons to whom records or information may be disclosed, the designation shall be valid in lieu of the designation by the recipient; except that nothing in this section shall be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional personnel to reveal information that has been given to him or her in confidence by members of a patient's family or other informants;    To the extent necessary to make claims on behalf of a recipient of aid, insurance, or medical assistance to which he or she may be entitled;    If the department has promulgated rules for the conduct of research. Such rules shall include, but not be limited to, the requirement that all researchers must sign an oath of confidentiality. All identifying information concerning individual patients, including names, addresses, telephone numbers, and social security numbers, shall not be disclosed for research purposes.    To the courts, as necessary to the administration of the provisions of this article;    To persons authorized by an order of court after notice and opportunity for hearing to the person to whom the record or information pertains and the custodian of the record or information pursuant to the Colorado rules of civil procedure;    To adult family members upon admission of a person with a mental health disorder for inpatient or residential care and treatment. The only information that may be released pursuant to this subsection (1)(g) is the location and fact of admission of the person with a mental health disorder who is receiving care and treatment. The disclosure of location is governed by the procedures in section 27-65-122 and is subject to review pursuant to section 27-65-122.    To adult family members actively participating in the care and treatment of a person with a mental health disorder regardless of the length of the participation. The information released pursuant to this subsection (1)(h) is limited to one or more of the following: The diagnosis, the prognosis, the need for hospitalization and anticipated length of stay, the discharge plan, the medication administered and side effects of the medication, and the short-term and long-term treatment goals. The disclosure is governed by the procedures in section 27-65-122 (2) and is subject to review pursuant to section 27-65-122.    In accordance with state and federal law to the agency designated pursuant to the federal “Protection and Advocacy for Individuals with Mental Illness Act”, 42 U.S.C. sec. 10801 et seq., as the governor's protection and advocacy system for Colorado.       Nothing in paragraph (g) or (h) of subsection (1) of this section shall be deemed to preclude the release of information to a parent concerning his or her minor child.      Nothing in this article shall be construed as rendering privileged or confidential any information, except written medical records and information that is privileged under section 13-90-107, C.R.S., concerning observed behavior that constitutes a criminal offense committed upon the premises of any facility providing services under this article or any criminal offense committed against any person while performing or receiving services under this article.    The provisions of subsection (1) of this section shall not apply to physicians or psychologists eligible to testify concerning a criminal defendant's mental condition pursuant to section 16-8-103.6, C.R.S.         All facilities shall maintain and retain permanent records, including all applications as required pursuant to section 27-65-105 (3).    Outpatient or ambulatory care facilities shall retain all records for a minimum of seven years after discharge from the facility for persons who were eighteen years of age or older when admitted to the facility, or until twenty-five years of age for persons who were under eighteen years of age when admitted to the facility.    Inpatient or hospital care facilities shall retain all records for a minimum of ten years after discharge from the facility for persons who were eighteen years of age or older when admitted to the facility, or until twenty-eight years of age for persons who were under eighteen years of age when admitted to the facility.       Nothing in this section shall be construed to prohibit or limit the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section 23-5-141, C.R.S.     History. Source: L. 2010: Entire article added with relocations,(SB 10-175), ch. 188, p. 694, § 2, effective April 29. L. 2011: (5) added,(HB 11-1169), ch. 119, p. 374, § 3, effective April 20. L. 2017: IP(1), (1)(g), and (1)(h) amended,(SB 17-242), ch. 263, p. 1345, § 240, effective May 25. L. 2018: (1)(i) amended,(SB 18-091), ch. 35, p. 390, § 35, effective August 8.    Editor's note:   This section is similar to former § 27-10-120 as it existed prior to 2010.   Cross references:    For privilege of communication of physicians generally, see §§ 13-90-107 (1)(d) and 13-90-108.    For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.     ANNOTATION   Law reviews. For article, “Patients' Rights vs. Patients' Needs: The Right of the Mentally Ill to Refuse Treatment in Colorado”, see 58 Den. L.J. 567 (1981). For article, “Status Report: The ”Confidentiality Law“”, see 19 Colo. Law. 441 (1990).   Annotator's note. Since § 27-65-121 is similar to § 27-10-120 as it existed prior to the 2010 amendments to this article, relevant cases construing that provision have been included in the annotations to this section.   Use of information in criminal proceeding limited. No information produced at a hearing on involuntary short-term certification for psychiatric treatment can be used to incriminate the person sought to be committed in future criminal proceedings, unless it is available to the prosecution from other sources. People v. Taylor, 618 P.2d 1127 (Colo. 1980).   In a federal criminal prosecution and investigation, federal privilege law preempts this more protective Colorado privilege statute. In Re Grand Jury No. 91-1, 795 F. Supp. 1057 (D. Colo. 1992 ).   Because of the curtailment of personal liberty that results from certification of mental illness, strict adherence to the procedural requirements in civil commitment statutes is required. People in Interest of Dveirin, 755 P.2d 1207 (Colo. 1988); People in Interest of Reynes, 870 P.2d 518 (Colo. App. 1993).   Psychologist-client privilege. In keeping with the statutory goal of securing care and treatment on an individual basis, this section is intended as an authorization for a psychologist to testify to observations concerning an involuntarily detained person when the issue before the court is whether the statutory conditions for certification for short-term treatment have been satisfied. People v. District Court, 797 P.2d 1259 (Colo. 1990); People v. Hynes, 917 P.2d 328 (Colo. App. 1996).   Applied in Brady v. Hopper, 570 F. Supp. 1333 (D. Colo. 1983 ).