2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › MENTAL HEALTH AND MENTAL HEALTH DISORDERS (§§ 27-65-101 — 27-71-105) › Article 65 - CARE AND TREATMENT OF PERSONS WITH MENTAL HEALTH DISORDERS (§§ 27-65-101 — 27-65-131) › Section 27-65-123 - Records

(1)
Except as provided in subsection (2) of this section, all information obtained and records prepared in the course of providing any services to any person pursuant to any provision of this article 65 are confidential and privileged matter. The information and records may be disclosed only:
(a)
In communications between qualified professionals, facility personnel, or state agencies in the provision of services or appropriate referrals;
(b)
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 the ward's or conservatee's guardian or conservator designates, in writing, persons to whom records or information may be disclosed, the designation is valid in lieu of the designation by the recipient; except that nothing in this section compels a physician, psychologist, social worker, nurse, attorney, or other professional personnel to reveal information that has been given to the person in confidence by members of a patient's family or other informants;
(c)
To the extent necessary to make claims on behalf of a recipient of aid, insurance, or medical assistance to which the recipient may be entitled;
(d)
If the BHA has promulgated rules for the conduct of research. Such rules must include, but are not 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, must not be disclosed for research purposes.
(e)
To the courts, as necessary for the administration of this article 65;
(f)
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;
(g)
To 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
27-65-124
and is subject to review pursuant to section
27-65-124
.
(h)
To family members or a lay person 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
27-65-124(2)
and is subject to review pursuant to section
27-65-124
.
(i)
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.
(2)
Nothing in subsection (1)(g) or (1)(h) of this section precludes the release of information to a parent concerning the parent's minor child.
(3)
(a)
Nothing in this article 65 renders privileged or confidential any information, except written medical records and information that is privileged pursuant to section
13-90-107
, concerning observed behavior that constitutes a criminal offense committed upon the premises of any facility providing services pursuant to this article 65 or any criminal offense committed against any person while performing or receiving services pursuant to this article 65.
(b)
Subsection (1) of this section does not apply to physicians or psychologists eligible to testify concerning a criminal defendant's mental condition pursuant to section
16-8-103.6
.
(4)
(a)
All facilities shall maintain and retain permanent records, including all applications as required pursuant to section
27-65-106(3)
.
(b)
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.
(c)
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.
(5)
Nothing in this section prohibits or limits the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section
23-5-141
.
(6)
Nothing in this section prohibits the limited disclosure of necessary information to the prosecuting attorney and criminal defense counsel if a criminal case is still pending against the person.
Amended by 2023 Ch. 423,§ 20, eff. 7/1/2024.
Amended by 2023 Ch. 206,§ 39, eff. 5/16/2023.
Amended by 2022 Ch. 451, § 1, eff. 8/10/2022.
Amended by 2022 Ch. 222, § 122, eff. 7/1/2022.
L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 698, § 2, effective April 29.
This section is similar to former § 27-10-121 as it existed prior to 2010.
2023 Ch. 423, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).