reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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This subsection (1) is repealed, effective September 1, 2026.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Repealed.
Amended by 2022 Ch. 222,§164, eff. 7/1/2022.
Amended by 2019 Ch. 277,§3, eff. 8/2/2019.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 1601, p. 1601, § 5, effective July 1. L. 2014: (1)(b)(I) amended, (HB 14-1173), ch. 1191, p. 1191, § 2, effective May 31. L. 2017: (1)(a) and (1)(b)(II) amended, (SB 17-242), ch. 1361, p. 1361, § 267, effective May 25. L. 2019: (1)(b)(I) and (2) amended and (5) repealed, (SB 19-219), ch. 2614, p. 2614, § 3, effective August 2.
This section is similar to former § 12-22-304 as it existed prior to 2012.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
Amended by 2022 Ch. 222,§165, eff. 7/1/2022.
Amended by 2019 Ch. 277,§4, eff. 8/2/2019.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 1602, p. 1602, § 5, effective July 1. L. 2014: (3)(a)(I) repealed and (3)(a.5) added, (HB 14-1173), ch. 1192, p. 1192, § 5, effective May 31. L. 2017: IP(1) and (3)(a.5) amended, (SB 17-242), ch. 1361, p. 1361, § 268, effective May 25. L. 2019: IP(1) amended and (3)(a) repealed, (SB 19-219), ch. 2614, p. 2614, § 4, effective August 2.
This section is similar to former § 12-22-305 as it existed prior to 2012.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
Amended by 2022 Ch. 222,§166, eff. 7/1/2022.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1604, § 5, effective July 1.
This section is similar to former § 12-22-306 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
Amended by 2022 Ch. 222,§167, eff. 7/1/2022.
Amended by 2019 Ch. 277,§5, eff. 8/2/2019.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1604, § 5, effective July 1.
This section is similar to former § 12-22-307 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1605, § 5, effective July 1.
This section is similar to former § 12-22-317 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1606, § 5, effective July 1.
This section is similar to former § 12-22-318 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
Amended by 2022 Ch. 222,§169, eff. 7/1/2022.
Amended by 2019 Ch. 277,§7, eff. 8/2/2019.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1607, § 5, effective July 1.
This section is similar to former § 12-22-319 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1607, § 5, effective July 1.
This section is similar to former § 12-22-320 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
Amended by 2022 Ch. 222,§170, eff. 7/1/2022.
Amended by 2019 Ch. 277,§8, eff. 8/2/2019.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 1608, p. 1608, § 5, effective July 1. L. 2017: (2) amended, (SB 17-242), ch. 1362, p. 1362, § 269, effective May 25. L. 2019: (2) amended and (3) added, (SB 19-219), ch. 2616, p. 2616, § 8, effective August 2.
This section is similar to former § 12-22-321 and § 12-22-322 as they existed prior to 2012.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1608, § 5, effective July 1.
This section is similar to former § 12-22-324 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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
.
Amended by 2022 Ch. 222,§171, eff. 7/1/2022.
Added by 2019 Ch. 277,§9, eff. 8/2/2019.
L. 2019: Entire section added, (SB 19-219), ch. 2616, p. 2616, § 9, effective August 2.
Subsection (1)(d)(II) provided for the repeal of subsection (1)(d), effective July 1, 2021. (See L. 2019, p. 2616.)
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 2 - CONTROLLED SUBSTANCES (§§ 27-80-201 — 27-80-216) › Section 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.
Amended by 2022 Ch. 222,§172, eff. 7/1/2022.
Added by 2019 Ch. 273,§13, eff. 5/23/2019.
L. 2019: Entire section added, (SB 19-227), ch. 2583, p. 2583, § 13, effective May 23.
Section 17(2) of chapter 273 (SB 19-227), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct occurring on or after May 23, 2019.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 3 - BEHAVIORAL HEALTH ACCESS TO CARE OMBUDSMAN (§§ 27-80-301 — 27-80-306) › Section 27-80-301 - Short title

The short title of this part 3 is the "Behavioral Health Access to Care Ombudsman Act".
Added by 2018 Ch. 252,§ 1, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1357), ch. 252, p. 1548, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 3 - BEHAVIORAL HEALTH ACCESS TO CARE OMBUDSMAN (§§ 27-80-301 — 27-80-306) › Section 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.
Amended by 2022 Ch. 451,§45, eff. 8/10/2022.
Amended by 2019 Ch. 136,§202, eff. 10/1/2019.
Added by 2018 Ch. 252,§1, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1357), ch. 252, p. 1548, § 1, effective August 8.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 3 - BEHAVIORAL HEALTH ACCESS TO CARE OMBUDSMAN (§§ 27-80-301 — 27-80-306) › Section 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.
Amended by 2022 Ch. 222,§174, eff. 7/1/2022.
Added by 2018 Ch. 252,§1, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1357), ch. 252, p. 1551, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 3 - BEHAVIORAL HEALTH ACCESS TO CARE OMBUDSMAN (§§ 27-80-301 — 27-80-306) › Section 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.
Added by 2018 Ch. 252,§ 1, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1357), ch. 252, p. 1551, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 3 - BEHAVIORAL HEALTH ACCESS TO CARE OMBUDSMAN (§§ 27-80-301 — 27-80-306) › Section 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
.
Amended by 2022 Ch. 451,§47, eff. 8/10/2022.
Amended by 2022 Ch. 222,§175, eff. 7/1/2022.
Added by 2018 Ch. 252,§1, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1357), ch. 252, p. 1551, § 1, effective August 8.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-101 - Legislative declaration

(1)
The general assembly recognizes the character and pervasiveness of substance use disorders and that substance use disorders are serious problems. The general assembly further finds and declares that these problems have been very seriously neglected and that the social and economic costs and the waste of human resources caused by substance use disorders are massive, tragic, and no longer acceptable. The general assembly believes that the best interests of this state demand an across-the-board, locally oriented attack on the massive problems of drug abuse and substance use disorders. The attack includes prevention, education, and treatment, and this article 81 provides a base from which to launch the attack and reduce the tragic human loss.
(2)
It is the policy of this state that persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs should be afforded treatment so they may lead normal lives as productive members of society. The general assembly finds and declares that substance use disorders are matters of statewide concern.
Amended by 2020 Ch. 286,§ 11, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 732, p. 732, § 2, effective April 29. L. 2017: Entire section amended, (SB 17-242), ch. 1362, p. 1362, § 270, effective May 25. L. 2020: Entire section R&RE, (SB 20-007), ch. 1392, p. 1392, § 11, effective July 13.
This section is similar to former § 27-82-101 as it existed prior to 2020.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-103 - Powers of the behavioral health administration

(1)
To carry out the purposes of this article 81, the BHA may:
(a)
Plan, establish, and maintain substance use disorder treatment programs as necessary or desirable;
(b)
Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to persons with substance use disorders, persons intoxicated by alcohol, or persons under the influence of drugs;
(c)
Solicit and accept for use any gift of money or property made by will or otherwise and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
(d)
Administer or supervise the administration of the provisions relating to persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;
(e)
Coordinate its activities and cooperate with substance use disorder treatment programs in this state and other states and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this state and other states for the treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs and for the common advancement of substance use disorder treatment programs;
(f)
Keep records and engage in research and the gathering of relevant statistics;
(g)
Do other acts and things necessary or convenient to execute the authority expressly granted to it; and
(h)
Acquire, hold, or dispose of real property, or any interest therein, and construct, lease, or otherwise provide substance use disorder treatment facilities for persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs.
Amended by 2022 Ch. 222,§177, eff. 7/1/2022.
Amended by 2020 Ch. 286,§13, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 733, p. 733, § 2, effective April 29. L. 2017: IP(1), (1)(a), (1)(b), (1)(d), (1)(e), and (1)(h) amended, (SB 17-242), ch. 1363, p. 1363, § 272, effective May 25. L. 2020: (1)(a), (1)(b), (1)(d), (1)(e), and (1)(h) amended, (SB 20-007), ch. 1394, p. 1394, § 13, effective July 13.
This section is similar to former § 25-1-303 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-105 - Comprehensive program for treatment - regional facilities

(1)
The BHA shall establish a comprehensive and coordinated program for the treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs.
(2)
Insofar as money available to the BHA permits, the program established in subsection (1) of this section must include all of the following:
(a)
Emergency treatment;
(b)
Inpatient treatment;
(c)
Intermediate treatment; and
(d)
Outpatient and follow-up treatment.
(3)
The BHA shall provide adequate and appropriate treatment for persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs admitted pursuant to sections
27-81-109
to
27-81-112
. Except as otherwise provided in section
27-81-111
, treatment must not be provided at a correctional institution, except for inmates.
(4)
The BHA shall maintain, supervise, and control all facilities it operates subject to policies of the department. The administrator of each facility shall make an annual report of the facility's activities to the commissioner in the form and manner specified by the commissioner.
(5)
All appropriate public and private resources shall be coordinated with and utilized in the program if possible.
(6)
The commissioner shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities.
(7)
The BHA may contract for the use of any facility as an approved public treatment facility if the commissioner, subject to the policies of the department, considers it to be an effective and economical course to follow.
Amended by 2022 Ch. 222,§179, eff. 7/1/2022.
Amended by 2020 Ch. 286,§15, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 736, p. 736, § 2, effective April 29. L. 2017: (1), IP(2), (3), (4), and (7) amended, (SB 17-242), ch. 1366, p. 1366, § 274, effective May 25. L. 2020: (1) and (3) amended, (SB 20-007), ch. 286, p. 1396, § 15, effective July 13.
This section is similar to former § 25-1-305 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-107 - Compliance with local government zoning regulations - notice to local governments - provisional approval - repeal

(1)
Prior to July 1, 2024, the BHA shall require any residential treatment facility seeking approval as a public or private treatment facility pursuant to this article 81 to comply with any applicable zoning regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning regulations constitutes grounds for the denial of approval of a facility.
(2)
The BHA shall ensure that timely written notice is provided to the municipality, city and county, or county where a residential treatment facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs:
(a)
An application for approval of a residential treatment facility pursuant to section
27-81-106
is made;
(b)
Approval is granted to a residential treatment facility pursuant to section
27-81-106
;
(c)
A change in the approval of a residential treatment facility occurs; or
(d)
The approval of a residential treatment facility is revoked or otherwise terminated for any reason.
(3)
In the event of a zoning or other delay or dispute between a residential treatment facility and the municipality, city and county, or county where the facility is situated, the BHA may grant provisional approval of the facility for up to one hundred twenty days pending resolution of the delay or dispute.
(4)
This section is repealed, effective July 1, 2024.
Amended by 2022 Ch. 222, § 181, eff. 7/1/2022.
Amended by 2019 Ch. 413, § 22, eff. 7/1/2022.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 737, p. 737, § 2, effective April 29. L. 2017: (1), IP(2), and (3) amended, (SB 17-242), ch. 1367, p. 1367, § 276, effective May 25. L. 2019: (1) amended and (4) added, (HB 19-1237), ch. 3645, p. 3645, § 22, effective 7/1/2022.
This section is similar to former § 25-1-306.5 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-107.5 - [Repealed]

Repealed by 2022 Ch. 222,§182, eff. 7/1/2022.
Added by 2019 Ch. 413,§23, eff. 7/1/2022.
L. 2019: Entire section added, (HB 19-1237), ch. 3645, p. 3645, § 23, effective July 1, 2022.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-108 - Acceptance for treatment - rules

(1)
The commissioner shall adopt and may amend and repeal rules for acceptance of persons into the substance use disorder treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of drugs. In establishing the rules, the following standards guide the commissioner:
(a)
If possible a patient shall be treated on a voluntary rather than an involuntary basis.
(b)
Qualified staff shall assess the proper level of care for the person pursuant to rules adopted by the commissioner and make a referral for placement.
(c)
A person must not be denied treatment solely because the person has withdrawn from treatment against medical advice on a prior occasion or because the person has relapsed after earlier treatment.
(d)
An individualized treatment plan shall be prepared and maintained on a current basis for each patient.
(e)
Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.
Amended by 2022 Ch. 222,§183, eff. 7/1/2022.
Amended by 2020 Ch. 286,§17, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 738, p. 738, § 2, effective April 29. L. 2017: IP(1) amended, (SB 17-242), ch. 1367, p. 1367, § 277, effective May 25. L. 2020: IP(1), (1)(b), and (1)(c) amended, (SB 20-007), ch. 1397, p. 1397, § 17, effective July 13.
This section is similar to former § 25-1-307 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-109 - Voluntary treatment of persons with substance use disorders

(1)
A person with a substance use disorder, including a minor, may apply for voluntary treatment directly to an approved treatment facility.
(2)
Subject to rules adopted by the commissioner, the administrator in charge of an approved treatment facility shall determine who is admitted for treatment. If a person is refused admission to an approved treatment facility, the administrator may refer the person to another approved and appropriate treatment facility for treatment if it is deemed likely to be beneficial. A person must not be referred for further treatment if it is determined that further treatment is not likely to bring about significant improvement in the person's condition, or treatment is no longer appropriate, or further treatment is unlikely to be beneficial.
(3)
If a patient receiving residential care leaves an approved treatment facility, the person is encouraged to consent to outpatient treatment or supportive services, if appropriate.
Amended by 2022 Ch. 222,§184, eff. 7/1/2022.
Amended by 2020 Ch. 286,§18, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 738, p. 738, § 2, effective April 29. L. 2017: (1) and (3) amended, (SB 17-242), ch. 1368, p. 1368, § 278, effective May 25. L. 2020: Entire section R&RE, (SB 20-007), ch. 1397, p. 1397, § 18, effective July 13.
(1) This section is similar to former § 25-1-308 as it existed prior to 2010.
(2) This section is similar to former § 27-82-105 as it existed prior to 2020.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-110 - Voluntary treatment for persons intoxicated by alcohol, under the influence of drugs, or incapacitated by substances

(1)
A person intoxicated by alcohol, under the influence of drugs, or incapacitated by substances, including a minor if provided by rules of the BHA, may voluntarily admit the person's self to an approved treatment facility for an emergency evaluation to determine need for treatment.
(2)
The administrator shall immediately evaluate or examine a person who voluntarily enters an approved treatment facility. If the person is found to be in need of treatment, the administrator shall admit the person or refer the person to another appropriate facility. If a person is found not to be in need of treatment, the administrator shall release the person and may refer the person to another appropriate facility.
(3)
Except as provided in subsection (7) of this section, a treatment facility shall immediately release a voluntarily admitted person upon the person's request.
(4)
A person who is not admitted to an approved treatment facility or referred to another health facility, and who has no money, may be taken to the person's home, if any. If the person has no home, the approved treatment facility may assist the person in obtaining shelter.
(5)
If a person is admitted to an approved treatment facility, the person's family or next of kin must be notified as promptly as possible in accordance with federal confidentiality regulations for substance use disorder patient records, which regulations are found at 42 CFR part 2, as amended. If an adult person requests that there be no notification, the adult person's request must be respected.
(6)
If the administrator determines that it is for the person's benefit, the person must be encouraged to agree to further diagnosis and appropriate voluntary treatment.
(7)
Nothing in this section precludes the administrator from seeking emergency commitment of a person as provided in section
27-81-111
or involuntary commitment of a person as provided in section
27-81-112
, regardless of whether the person has been voluntarily admitted under this section. In such case, the administrator's further conduct is governed by section
27-81-111
or
27-81-112
, as applicable.
Amended by 2022 Ch. 222, § 185, eff. 7/1/2022.
Amended by 2020 Ch. 286, § 19, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 738, § 2, effective April 29.
(1) This section is similar to former § 25-1-309 as it existed prior to 2010.
(2) This section is similar to former § 27-82-106 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 81 - SUBSTANCE USE DISORDERS EDUCATION, PREVENTION, AND TREATMENT (§§ 27-81-101 — 27-81-118) › Section 27-81-113 - Records of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of substances

(1)
The registration and other records of treatment facilities are confidential and fully protected as outlined in federal confidentiality regulations for substance use disorder records found at 42 CFR part 2, as amended, and are privileged to the patient.
(2)
Notwithstanding subsection (1) of this section, the commissioner may make available information from patients' records for purposes of research into the causes and treatment of substance use disorders. Information made available pursuant to this subsection (2) must not be published in a way that discloses patients' names or other identifying information.
(3)
Nothing in this section prohibits or limits the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section
23-5-141
.
Amended by 2022 Ch. 222, § 187, eff. 7/1/2022.
Amended by 2020 Ch. 286, § 22, eff. 7/13/2020.
L. 2010: Entire article added with relocations, (SB 10-175), ch. 743, p. 743, § 2, effective April 29. L. 2011: (3) added, (HB 11-1169), ch. 374, p. 374, § 4, effective April 20. L. 2017: (2) amended, (SB 17-242), ch. 1370, p. 1370, § 280, effective May 25. L. 2020: Entire section amended, (SB 20-007), ch. 1404, p. 1404, § 22, effective July 13.
This section is similar to former § 25-1-312 as it existed prior to 2010.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.