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Second Regular Session Seventy-second General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
SB007_H_APP.003 HOUSE COMMITTEE OF REFERENCE REPORT _______________________________ June 11, 2020 Chair of Committee Date Committee on Appropriations.
20-0297.01 Brita Darling x2241 SENATE BILL 20-007 SENATE SPONSORSHIP Pettersen and Winter, Donovan, Priola HOUSE SPONSORSHIP Buentello and Wilson, Herod, Kennedy Senate Committees House Committees Health & Human Services Appropriations A BILL FOR AN ACT C ONCERNING TREATMENT FOR SUBSTANCE USE DISORDERS ,AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
After consideration on the merits, the Committee recommends the following:
Bill Summary (Note:
SB20-007 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.) OpioidandOtherSubstanceUseDisordersStudyCommittee.
Amend reengrossed bill, page 54, strike lines 26 and 27.
Section 1 of the bill requires updated community assessments every 2 years of the sufficiency of substance use disorder services in the community to be compiled by an independent entity contracted by the g departmentofhumanservices(DHS).Theassessmentmustincludeinput d andtheopportunityforreviewandcommentfromcommunityentitiesand e 0 T R 0 A n 5 Shading denotes HOUSE amendment.
Page 55, strike lines 1 through 5.
Double underlining denotes SENATE amendment.
Renumber succeeding sections accordingly.
E d e Capital letters or bold & italic numbers indicate new material to be added to existing stJtute.
Page 1, line 101, strike " DISORDERS , AND , IN" and substitute "DISORDERS .".
Dashes through the words indicate deletions from existing statute.
Page 1, strike line 102.
e A individuals.
** *** ** *** ** *SB007_H_APP.003*
Based on the community assessment, the managed service organization will prepare a draft community action plan and shall allow time for stakeholder review and comment on the plan.
Section 2 of the bill requires insurance carriers to provide coverage for the treatment of substance use disorders in accordance with the American society of addiction medicine (ASAM) criteria for placement,medicalnecessity,andutilizationmanagementdeterminations inaccordancewiththemostrecenteditionoftheASAMcriteria.Thebill alsoauthorizesthecommissionerofinsurance,inconsultationwithDHS andthedepartmentofhealthcarepolicyandfinancing,toidentifybyrule alternatenationallyrecognizedsubstance-use-disorder-specifictreatment criteria if the ASAM criteria are no longer available, relevant, or reflect best practices.
Sections3,4,and5of thebillincreasesfundingby$1millionfor provider loan forgiveness and scholarships from the Colorado health service corps fund in the department of public health and environment (CDPHE).
The bill recognizes a goal of the loan forgiveness and scholarship programs of creating a diverse health care workforce that is able to address the needs of underserved populations and communities.
Section 6 of the bill authorizes a pharmacythat has entered into a collaborativepharmacyagreementwithoneormorephysicianstoreceive an enhanced dispensing fee for the administration of all injectable medications for medication-assisted treatment that are approved by the federal food and drug administration, and not just injectable antagonist medication.
Section7ofthebillrequiresDHStocommissionastatechildcare and treatment study and final report to make findings and recommendations concerning gaps in family-centered substance use disorder treatment and to identify alternative payment structures for funding child care and children's services alongside substance use disorder treatment of a child's parent.
DHS shall distribute the report to the general assembly and present the report in its annual presentation to committees of the general assembly.
Sections 8, 9, 10, 11, and 12 of the bill prohibit managed service organizationcontractedproviders;withdrawalmanagementservices;and recovery residences from denying access to medical or substance use disorder treatment services, including recoveryservices, to persons who areparticipatinginprescribedmedication-assistedtreatmentforsubstance use disorders.
In addition, the bill prohibits courts and parole, probation, and community corrections from prohibiting the use of prescribed medication-assisted treatment as a condition of participation or placement.
Section 13 of the bill requires managed care entities to provide coordination of care forthefullcontinuumof substance use disorder and mental health treatment and recovery services, including support for -2- 007 individuals transitioning between levels of care.
Section 14 of the bill appropriates $250,000 to the office of behavioral health in DHS for allocation to the center for research into substance use disorder prevention, treatment, and recovery support strategies for the continued employment of grant writers to aid local communities in need of assistance to access federal and state money to address opioid and other substance use disorders in their communities.
Section 15 of the bill authorizes the commissioner of insurance, inconsultationwithCDPHE,topromulgaterules,ortoseekarevisionof the essential health benefits package, for prescription medications for medication-assisted treatment to be included on insurance carriers' formularies.
Section 16 of the bill requires insurance carriers to report to the commissioner of insurance on the number of in-network providers who are licensed to prescribe medication-assistedtreatment for substance use disorders, including buprenorphine, and of that number, to indicate how many providers are actively prescribing medication-assisted treatment.
The bill requires the commissioner of insurance to promulgate rules concerning the reporting.
Section 17 of the bill requires insurance carriers to provide coverage for naloxone hydrochloride, or other similarly acting drug, without prior authorization and without imposing any deductible, copayment, coinsurance, or other cost-sharing requirement.
Section 18 of the bill requires DHS to implement a program for training and community outreach relating to, at a minimum, the availability of and process for civil commitment of persons with an alcohol or substance use disorder.
The training must be provided to first responders, law enforcement, emergency departments, primary care providers, and persons and families of persons with a substance use disorder, among others.
Sections 19 through 65 of the bill consolidate part 1 of article 82 of title 27, C.R.S., relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of drugs into the existing part 1 of article 81 of title 27, C.R.S., relating to emergency treatment and voluntary and involuntary commitment of persons for treatmentof alcoholuse disorders, in order to create a singleprocess that includes all substances.
The new scope of part 1 of article 81 of title 27, C.R.S., includes both alcohol use disorder and substance use disorder under the defined term "substance use disorder".
The amendments and additions to part 1 of article 81 of title 27, C.R.S., include:
! Defining "administrator" to include an administrator's designee;
! Adding a definition of "incapacitated by substances" to -3- 007 include a person who is incapacitated by alcohol or incapacitated by substances;
! Changing terminology throughout to refer to "substances" to include both alcohol and drugs;
! Adjusting the duration of the initial involuntary commitment from 30 days to up to 90 days;
! Allowing a person to enter into a stipulated order for committedtreatment,expeditingplacementintotreatment;
! Removingthemandatoryhearingfortheinitialinvoluntary commitment but allowing a person to request a hearing if thepersondoesnotwanttoenterinto a stipulatedorderfor committed treatment;
! Incorporating in statute "patient's rights" relating to civil commitment;
! Using person-centered language throughout the statutory process;
and ! Relocating the existing opioid crisis recovery funds advisory committee from article 82 in title 27, C.R.S., to article 81 in title 27, C.R.S.
In addition, the bill makes conforming amendments, including severalintheprofessionallicensingstatutesintitle12,C.R.S.,toremove references to both alcohol use disorder and substance use disorder as grounds for professional discipline, and replaces those terms with the singleterm"substanceusedisorder",whichthebillnowdefinesinarticle of title 27, C.R.S., to include both drugs and alcohol.
The bill also makes conforming amendments to remove statutory references to provisions in part 2 of article 82 of title 27, C.R.S., which thebillrepeals,andreplacesthose references with a new reference to the relevant provisions in article 81 of title 27, C.R.S.
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Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, 10-16-104, amend (5.5)(a)(I) as follows:
10-16-104.
Mandatory coverage provisions - definitions - rules.
(5.5) Behavioral, mental health, and substance use disorders - rules.
(a) (I) Every health benefit plan subject to part 2, 3, or 4 of this article 16, except those described in section 10-16-102 (32)(b), must -4- 007 provide coverage:
(A) For the prevention of, screening for, and treatment of behavioral, mental health, and substance use disorders that is no less extensive than the coverage provided for any physical illness and that complies with the requirements of the MHPAEA;
(B) A T A MINIMUM ,FOR THE TREATMENT OF SUBSTANCE USE DISORDERSINACCORDANCEWITHTHE AMERICANSOCIETYOFADDICTION MEDICINE CRITERIA FOR PLACEMENT , MEDICAL NECESSITY , AND UTILIZATIONMANAGEMENTDETERMINATIONSASSETFORTHINTHEMOST RECENT EDITION OF "THE ASAM C RITERIA FOR A DDICTIVE, SUBSTANCE -RELATED,AND C O-OCCURRING CONDITIONS";EXCEPT THAT THE COMMISSIONERMAYIDENTIFYBYRULE ,IN CONSULTATION WITH THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AND THE OFFICE OF BEHAVIORAL HEALTH IN THE DEPARTMENT OF HUMAN SERVICES ,AN ALTERNATE NATIONALLY RECOGNIZED AND EVIDENCE BASED SUBSTANCE USE DISORDER-SPECIFICCRITERIAFORPLACEMENT ,MEDICAL NECESSITY, OR UTILIZATION MANAGEMENT ,IFA MERICAN SOCIETY OF ADDICTION MEDICINE CRITERIA ARE NO LONGER AVAILABL,RELEVANT , OR DO NOT FOLLOW BEST PRACTICES FOR SUBSTANCE USE DISORDER TREATMENT .
SECTION 2.
In Colorado Revised Statutes, 27-80-107, amend (4) as follows:
27-80-107.
Designation of managed service organizations - purchase of services - revocation of designation.
(4) The terms and -5- 007 conditions for providing substance use disorder treatment services must be specified in the contract entered into between the office of behavioral health and the designated managed service organization.
CTS ENTERED INTO BETWEEN THE OFFICE OF BEHAVIORAL HEALTH AND THE DESIGNATED MANAGED SERVICE ORGANIZATION MUST INCLUDE TERMS AND CONDITIONS PROHIBITING A DESIGNATED MANAGED SERVICE ORGANIZATION CONTRACTED TREATMENT PROVIDER FROM DENYING OR PROHIBITINGACCESSTOMEDICATION -ASSISTEDTREATMENT ,ASDEFINED IN SECTION23-21-803,FOR A SUBSTANCE USE DISORDE.
SECTION 3.
In Colorado Revised Statutes, 27-80-108, amend (1)(c) as follows:
27-80-108.
Rules.(1) Thestateboardofhumanservices,created in section 26-1-107, has the power to promulgate rules governing the provisionsofthisarticle80.Therulesmayinclude,butarenotlimitedto:
(c) Requirements for public and private agencies, organizations, and institutions fromwhich the officeof behavioralhealth maypurchase services pursuant to section 27-80-106 (1),EQUIREMENTS 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 MEDICATIO-ASSISTED TREATMENT ,AS DEFINED IN SECTIO23-21-803,FOR A SUBSTANCE USE DISORDE;
SECTION4.
InColoradoRevisedStatutes,25-1.5-108.5,amend (2) as follows:
25-1.5-108.5.
Regulation of recovery residences - definition - rules.(2) Arecoveryresidencemayadmitindividualswhoarereceiving medication-assistedtreatment,includingagonisttreatment,forsubstance -6- 007 use disordersEXCEPT 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 SECTION23-21-803FOR A SUBSTANCE USE DISORDER.
SECTION 5.
In Colorado Revised Statutes, add 13-1-139 as follows:
13-1-139.
Court limitations on medication-assisted treatment - prohibited.
AOURT SHALL NOT CONDITION PARTICIPATION IN A DRUG OR PROBLEM -SOLVING COURT OR OTHER JUDICIAL PROGRAM,OR ENTER ORDERS RELATING TO PROBATION OR PAROLE OR PLACEMENT IN COMMUNITYCORRECTIONS ,BASEDONTHEREQUIREMENTTHATAPERSON CEASEPARTICIPATINGINPRESCRIBEDMEDICATION ASSISTEDTREATMENT FOR SUBSTANCE USE DISORDERS , AS DEFINED IN SECTION23-21-803, UNLESS THE PERSON OR THE PRESCRIBER DETERMINES THAT MEDICATION -ASSISTED TREATMENT IS NO LONGER NECESSARY OR IS NO LONGER AN EFFECTIVE TREATMENT FOR THE PERSON.
SECTION6.
InColoradoRevisedStatutes,17-27-104,add(13) as follows:
17-27-104.
Community corrections programs operated by units of local government, state agencies, or nongovernmental agencies.
(13) TE ADMINISTRATOR OF ANY COMMUNITY CORRECTIONS PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL NOT REJECT ANY OFFENDER REFERRED FOR PLACEMENT BASED ON THE OFFENDER S PARTICIPATION IN MEDICATION-ASSISTED TREATMENT ,AS DEFINED IN SECTION23-21-803,ORESTABLISHANYRULEORCONDITIONORGUIDELINE FOR THE CONDUCT OF AN OFFENDER THAT PROHIBITS OR SIGNIFICANTLY -7- 007 IMPAIRS AN OFFENDER S ABILITY TO PARTICIPATE IN PRESCRIBED MEDICATION ASSISTED TREATMENT .
SECTION 7.
In Colorado Revised Statutes, 25.5-5-402, add (3)(c.5) as follows:
25.5-5-402.
Statewidemanagedcaresystem-definition-rules.
(3) The statewide managed care system must include a statewide system of community behavioral health care that must:
(c.5) POVIDECOORDINATIONOFCAREFORTHEFULLCONTINUUM OF SUBSTANCE USE DISORDER AND MENTAL HEALTH TREATMENT AND RECOVERY , INCLUDING SUPPORT FOR INDIVIDUALS TRANSITIONING BETWEEN LEVELS OF CARE;
SECTION8.
InColoradoRevisedStatutes,10-16-148,add(1.5) as follows:
10-16-148.
Medication-assisted treatment - limitations on carriers - rules - definition.
(1.5) T HE COMMISSIONER , IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , MAY PROMULGATE RULES OR SEEK A REVISION TO THE PRESCRIPTION DRUG BENEFITS REQUIRED UNDER THE ESSENTIAL HEALTH BENEFITSPACKAGECONCERNINGPRESCRIPTIONMEDICATIONSTHATMUST BE INCLUDED ON A CARRIER'S FORMULARY FOR MEDICATION ASSISTED TREATMENT OF SUBSTANCE USE DISORDERS.
SECTION 9.
In Colorado Revised Statutes, add 10-16-710 as follows:
10-16-710.
Reporting to commissioner - medication-assisted treatment-rules.(1) ACARRIERSHALLREPORTTOTHECOMMISSIONER :
(a) TENUMBEROFIN -NETWORKPROVIDERSWHOAREFEDERALLY -8- 007 LICENSED TO PRESCRIBE MEDICATION ASSISTED TREATMENT FOR SUBSTANCE USE DISORDERS ,INCLUDING BUPRENORPHINE ;AND (b) THE NUMBER OF PRESCRIPTIONS FILLED BY ENROLLEES FOR MEDICATION -ASSISTEDTREATMENTFORSUBSTANCEUSEDISORDERS ;AND (c) THECARRIER SEFFORTSTOENSURESUFFICIENTCAPACITYFOR AND ACCESS TO MEDICATION ASSISTED TREATMENT FOR SUBSTANCE USE DISORDERS .
(2) THE COMMISSIONERSHALLPROMULGATE RULES CONCERNING THE REPORTING REQUIREMENTS SPECIFIED IN SUBSECTION (1)OF THIS SECTION, INCLUDING THE REPORTING PERIOD , THE FREQUENCY OF REPORTING ,AND ANY OTHER PROVISIONS NECESSARY TO COMPLY WITH THE REPORTING REQUIREMENT .
SECTION10.
In Colorado RevisedStatutes,10-16-104,amend (5.5)(a)(III)(A);
and add (5.5)(a)(III)(C) as follows:
10-16-104.
Mandatory coverage provisions - rules - definitions.
(5.5)Behavioral, mental health, and substance use disorders - rules.
(a) (III) (AExcept as provided in subsection (5.5)(a)(III)(B)BSECTIONS(5.5)(a)(III)(AND (5.5)(a)(III)(C)of this section,anypreauthorizationorutilizationreviewmechanismusedinthe determinationtoprovidethecoveragerequiredbythissubsection(5.5)(a) must be the same as, or no more restrictive than, that used in the determination to provide coverage for a physical illness.
The commissionershalladoptrulesasnecessarytoimplementandadminister this subsection (5.5).
(C) A HEALTH BENEFIT PLAN SUBJECT TO THIS SUBSECTIO(5.5) MUST PROVIDE COVERAGE FOR AT LEAST ONE OPIATE ANTAGONIST ,AS DEFINED IN SECTION12-30-110 (7)(d).
-9- 007 2 SECTION11.
InColoradoRevisedStatutes,repealandreenact, with amendments, 27-81-101 as follows:
27-81-101.
[Similar to 27-82-101] Legislative declaration.
(1) T HE GENERAL ASSEMBLY RECOGNIZES THE CHARACTER AND PERVASIVENESSOFSUBSTANCEUSEDISORDERSANDTHATSUBSTANCEUSE DISORDERS ARE SERIOUS PROBLEMS.
HE GENERAL ASSEMBLY FURTHER FINDSANDDECLARESTHATTHESEPROBLEMSHAVEBEENVERYSERIOUSLY NEGLECTEDANDTHATTHESOCIALANDECONOMICCOSTSANDTHEWASTE OF HUMAN RESOURCES CAUSED BY SUBSTANCE USE DISORDERS ARE MASSIVE,TRAGIC,ANDNOLONGERACCEPTABLE .THEGENERALASSEMBLY BELIEVES THAT THE BEST INTERESTS OF THIS STATE DEMAND AN ACROSS THE BOARD , LOCALLY ORIENTED ATTACK ON THE MASSIVE PROBLEMSOFDRUGABUSEANDSUBSTANCEUSEDISORDERS .THEATTACK INCLUDESPREVENTION ,EDUCATION ANDTREATMENT ,ANDTHISARTICLE 81 PROVIDES A BASE FROM WHICH TO LAUNCH THE ATTACK AND REDUCE THE TRAGIC HUMAN LOSS.
(2) I 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 TREATMENTSOTHEYMAYLEADNORMALLIVESASPRODUCTIVEMEMBERS OF SOCIETY.
THE GENERAL ASSEMBLY FINDS AND DECLARES THAT SUBSTANCE USE DISORDERS ARE MATTERS OF STATEWIDE CONCERN.
SECTION12.
In Colorado RevisedStatutes,27-81-102,amend (14);amendasitexistsuntilJuly1,2022,(1);amendasitwillbecome effectiveJuly1,2022,(1);add(9.4);addwithamendedandrelocated provisions (6.5), (9.2), (13.6), and (13.9);
add with amended and -10- 007 relocated provisions as it exists until July 1, 2022, (1.2);and add with amended and relocated provisions as they will become effective July 1, 2022, (1.2) and (13.8) as follows:
27-81-102.
Definitions.
As used in this article 81, unless the context otherwise requires:
(1)[Editor'snote:Thisversionofsubsection(1)iseffectiveuntil July 1, 2022.] "Alcohol use disorder" means a condition by which a person habitually lacks self-control as to the use of alcoholic beverages or uses alcoholic beverages to the extent that his or her health is substantially impaired or endangered or his or her social or economic function is substantially disrupted.
Nothing in this subsection (1) precludes the denomination of a person with an alcohol use disorder as intoxicated by alcohol or incapacitated by alcoholNISTRATOR" MEANS THE ADMINISTRATOR OF AN APPROVED TREATMENT FACILITY OR ANINDIVIDUALAUTHORIZEDINWRITINGTOACTASTHEADMINISTRATOR S DESIGNEE.
(1)[Editor'snote:Thisversionofsubsection(1)iseffectiveJuly 1, 2022.] "Alcohol use disorder" meansa chronic relapsing brain disease characterized by recurrent use of alcohol causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, and homeMINISTRATOR" MEANS THE ADMINISTRATOR OF AN APPROVED TREATMENT FACILITY OR ANINDIVIDUALAUTHORIZEDINWRITINGTOACTASTHEADMINISTRATOR S DESIGNEE.
(1.2) [Formerly 27-81-102 (1) as it is effective until July 1, 2022] "Alcohol use disorder" means a condition by which a person habitually lacks self-control as to the use of alcoholic beverages or uses -11- 007 alcoholic beverages to the extent that his oTHE PERSON 'Shealth is substantiallyimpairedorendangeredorhisorher THEPERSON Ssocialor economic function is substantially disrupted.
Nothing in this subsection (1)SUBSECTION (1.2) precludes the denomination of a person with an alcoholusedisorderasintoxicatedbyalcoholorincapacitatedbyalcohol.
(1.2)[Formerly27-81-102(1)asitwillbecomeeffectiveJuly1, 2022] "Alcohol use disorder" means a chronic relapsing brain disease characterized by recurrent use of alcohol causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, and home.
(6.5) [Formerly 27-82-102 (7)] "Drug" means a controlled substance, as defined in section 18-18-102 (5), C.R.S.,oxic vapors.
(9.2) [Formerly 27-82-102 (10)] "Incapacitated bydrugs" means that a person, as a result of the use of drugs, is unconscious or has his or her judgment otherwise so impaired that he or she THE PERSON is incapable of realizing and making a rational decision with respect to his orherTHEPERSON 'Sneedfortreatment,isunabletotakecareofhisorher basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions concerning himself or herself.
(9.4) "ICAPACITATEDBYSUBSTANCES "MEANSTHATAPERSONIS INCAPACITATED BY ALCOHOL OR IS INCAPACITATED BY DRUGS .
(13.6) [Formerly 27-82-102 (13)] "Person under the influence of drugs" means any person whose mental or physical functioning is temporarilybutsubstantiallyimpairedasaresultofthepresenceofdrugs in his or herE PERSON 'Sbody.
(13.8) [Formerly 27-82-102 (13.5) as it will become effective -12- 007 July 1, 2022] "Substance use disorder" means a chronic relapsing brain disease,characterizedbyrecurrentuseofalcohol,drugs,orboth,causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.
(13.9) [Formerly 27-82-102 (14)] "Toxic vapors" means a substance or product containing such substances as defined in section 18-18-412 (3).
C.R.S.
(14) "Treatment"meansthebroadrangeofemergency,outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling that may be extended to a person with an alcohol A SUBSTANCE use disorder, A PERSON INCAPACITATED BY SUBSTANCES , A PERSON UNDER THE INFLUENCE OF DRUGS , andA PERSONintoxicated personBY ALCOHOL.
SECTION13.
In Colorado RevisedStatutes,27-81-103,amend (1)(a), (1)(b), (1)(d), (1)(e), and (1)(h) as follows:
27-81-103.
Powers of the office of behavioral health.
(1) To carry out the purposes of this article 81, the office of behavioral health may:
(a) Plan, establish, and maintain alcoholNCE usedisorder treatment programs as necessary or desirable;
(b) Make contracts necessary or incidental to the performance of itsdutiesandtheexecutionof itspowers,includingcontractswithpublic and private agencies, organizations, and individuals to pay them for services rendered or furnished to persons with alcoholNCE use disorders, orERSONS intoxicated persoBY ALCOHOL ,OR PERSONS UNDER THE INFLUENCE OF DRUGS ;
-13- 007 (d) Administer or supervise the administration of the provisions relatingtopersonswithalcoholBSTANCE usedisorders,andintoxicated personsINTOXICATEDBYALCOHOL ,ANDPERSONSUNDERTHEINFLUENCE 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 alcohol 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 alcoholUBSTANCE use disorders, and intoxicatedersonsINTOXICATEDBYALCOHOL ANDPERSONSUNDERTHE INFLUENCE OF DRUGS and for the common advancement of alcohol SUBSTANCE use disorder treatment programs;
(h) Acquire, hold, or dispose of real property, or any interest therein,andconstruct,lease,orotherwiseprovidealcoholANCE use disorder treatment facilities for persons with alcoholCE use disorders,ERSONS INTOXICATED BY ALCOHOL, and intoxicated persons UNDER THE INFLUENCE OF DRUGS.
SECTION 14.
In Colorado Revised Statutes, amend 27-81-104 as follows:
27-81-104.
Duties of the office of behavioral health - review.
(1) In addition to duties prescribed by section 27-80-102, the office of behavioral health shall:
(a) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholBSTANCE use disordersandtreatmentofpersonswithalcoholBSTANCE usedisorders, PERSONSINTOXICATEDBYALCOHOL ,andintoxicatedpersonUNDERTHE -14- 007 INFLUENCE OF DRUGS, in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;
(b) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in preventionof alcoholBSTANCE use disorders and treatmentof persons with alcohol SUBSTANCE use disorders,PERSONS INTOXICATED BY ALCOHOL , and intoxicated perUNDER THE INFLUENCE OF DRUGS;
(c) [Editor's note:
This version of subsection (1)(c) is effective until July 1, 2022.] Utilize communitymental health centers and clinics, OR OTHER APPROVED TREATMENT FACILITIES, whenever feasible;
(c) [Editor's note:
This version of subsection (1)(c) is effective July1,2022.]Utilizebehavioralhealthentities,communitymentalhealth centers and clinics,R OTHER APPROVED TREATMENT FACILITIES , whenever feasible;
(d) Cooperate with the department of corrections in establishing and conducting programs for the prevention of alcoholNCE use disordersandtreatmentofpersonswithalcoholBSTANCE usedisorders, PERSONSINTOXICATEDBYALCOHOL ,andintoxicatedpersonUNDERTHE INFLUENCE OF DRUGS in appropriate agencies and institutions and for personswithalcoholUBSTANCE usedisordersPERSONSINTOXICATEDBY ALCOHOL ,andintoxicatedpersonUNDERTHEINFLUENCEOFDRUGS inor on parole from correctional institutions and in carrying out duties specified in subsections (1)(i) and (1)(k) of this section;
(e) Cooperate with the department of education, schools, police departments,courts,andotherpublicandprivateagencies,organizations, and individuals in establishing programs for the prevention of alcohol -15- 007 SUBSTANCE use disorders and treatment of persons with alcohol SUBSTANCE use disordersPERSONS INTOXICATED BY ALCOHOL , and intoxicatedersons UNDER THE INFLUENCE OF DRUGS and preparing curriculum materials for use at all levels of school education;
(f) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol ;
(g) Develop and implement, as an integral part of alcohol SUBSTANCE usedisordertreatmentprograms,aneducationalprogramfor use in the treatment of persons with alcoholNCE use disorders, PERSONSINTOXICATEDBYALCOHOL ,andintoxicatedpersonUNDERTHE INFLUENCE OF DRUGS.
The program must include the dissemination of information concerning the nature and effects ofAND DRUGS ;
(h) Organizeandfostertrainingprogramsforallpersonsengaged in treatment of persons with alcoholANCE use disorderPERSONS INTOXICATED BY ALCOHOL , and intoxicated persons UNDER THE INFLUENCE OF DRUGS;
(i) Sponsor and encourage research into the causes and nature of alcoholSUBSTANCE use disorders and treatment of persons with alcohol SUBSTANCE use disordersPERSONS INTOXICATED BY ALCOHOL , and intoxicatedersonsUNDER THE INFLUENCE OF DRUGS , and serve as a clearinghouse for information relating to alcoholSTANCE use disorders;
(j) Specifyuniformmethodsforkeepingstatisticalinformationby public and private agencies, organizations, and individuals and collect and make available relevant statistical information, including number of persons treated, frequencyof admission and readmission, and frequency and duration of treatment;
-16- 007 (k) Advise the governor in the preparation of a comprehensive plan for treatment of persons with alcoholSTANCE use disorders, PERSONSINTOXICATEDBYALCOHOL ,andintoxicatedpersonsUNDERTHE INFLUENCE OF DRUGS for inclusion in the state's comprehensive health plan;
(l) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation and advise the governoronprovisionstobeincludedrelatingtoalcoholSUBSTANCE use disorders,personswithalcoholUBSTANCE usedisorders,andintoxicated persons UNDER THE INFLUENCE OF DRUGS;
(m) Assist in the development of, and cooperate with, alcohol SUBSTANCEUSE educationandtreatmentprogramsforemployeesofstate and local governments and businesses and industries in this state;
(n) Utilize the support and assistance of interested persons in the community, particularly persons with alcoholTANCE use disorders that are in remission, to encourage persons with alcoholCE use disorders to voluntarily undergo treatment;
(o) Cooperate with the department of transportation in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while under the influence of, or impaired by, alcoholR DRUGS;
(p) Encourage general hospitals and other appropriate health facilities to admit without discrimination persons with alcohol SUBSTANCE use disorders,PERSONS INTOXICATED BY ALCOHOL , and intoxicatedersonsUNDERTHEINFLUENCEOFDRUGS andtoprovidethem with adequate and appropriate treatment;
(q) Encourage all health and disability insurance programs to -17- 007 include alcohoSUBSTANCE use disorders as a covered illness;
and (r) Submittothegovernoranannualreportcoveringtheactivities of the office of behavioral health.
SECTION15.
In Colorado RevisedStatutes,27-81-105,amend (1) and (3) as follows:
27-81-105.
Comprehensive program for treatment - regional facilities.
(1)The office of behavioral health shall establish a comprehensiveandcoordinatedprogramforthetreatmentofpersonswith alcoholSUBSTANCE use disorderPERSONS INTOXICATED BY ALCOHOL , and intoxicatedersonUNDER THE INFLUENCE OF DRUGS.
(3) The office of behavioral health shall provide adequate and appropriatetreatmentforpersonswithalcohSUBSTANCE usedisorders, PERSONSINTOXICATEDBYALCOHOL ,andintoxicatedpersonUNDERTHE INFLUENCE OF DRUGS admitted pursuant to sections 27-81-109 to 27-81-112.Exceptasotherwiseprovidedinsection27-81-111,treatment may MUST not be provided at a correctional institution, except for inmates.
SECTION 16.
In Colorado Revised Statutes, 27-81-106, repeal and reenact, with amendments, (6) as follows:
27-81-106.
Standards for public and private treatment facilities - fees - enforcement procedures - penalties.
(6) [Similar to 27-82-103 (6)] APERSON SHALL NOT OPERATE A PRIVATE OR PUBLIC TREATMENT FACILITY IN THIS STATE WITHOUT APPROVAL FROM THE OFFICEOFBEHAVIORALHEALTH ;EXCEPTTHATTHISARTICLE 81DOESNOT APPLYTO A PRIVATE TREATMENT FACILITY THAT ACCEPTS ONLY PRIVATE MONEYANDDOESNOTDISPENSECONTROLLEDSUBSTANCES .THEDISTRICT COURT MAY RESTRAIN ANY VIOLATION OF , REVIEW ANY DENIAL , -18- 007 RESTRICTION,OR REVOCATION OF APPROVAL UNDER,AND GRANT OTHER RELIEF REQUIRED TO ENFORCE THE PROVISIONS OF THIS SEC.ION SECTION17.
In Colorado RevisedStatutes,27-81-108,amend (1) introductory portion, (1)(b), and (1)(c) as follows:
27-81-108.
Acceptance for treatment - rules.
(1) The director shall adopt and may amend and repeal rules for acceptance of persons into theSUBSTANCE USE DISORDER treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of persons with alSUBSTANCE use disorders, PERSONSINTOXICATEDBYALCOHOL ,andintoxicatedpersonUNDERTHE INFLUENCE OF DRUGS .
In establishing the ruleTHE FOLLOWING STANDARDS GUIDE the director:
shall be guided by the following standards:
(b) Apatientshallbeinitiallyassignedortransferredtooutpatient or intermediate treatment, unless he or she is found to require inpatient treatment UALIFIEDSTAFFSHALLASSESSTHEPROPERLEVELOFCAREFOR THE PERSON PURSUANT TO RULES ADOPTED BY THE DIRECTOR AND MAKE A REFERRAL FOR PLACEMENT.
(c) ApersonshalMUST notbedeniedtreatmentsolelybecausehe orshe THEPERSON has withdrawnfromtreatmentagainstmedicaladvice on a prior occasion or because he or sheERSONhas relapsed after earlier treatment.
SECTION18.
InColoradoRevisedStatutes,repealandreenact, with amendments, 27-81-109 as follows:
27-81-109.
[Similar to 27-82-105] Voluntary treatment of persons with substance use disorders.
(1) A PERSON WITH A SUBSTANCE USE DISORDER ,INCLUDING A MINOR ,MAY APPLY FOR -19- 007 VOLUNTARY TREATMENT DIRECTLY TO AN APPROVED TREATMENT FACILITY.
(2) SUBJECT TO RULES ADOPTED BY THE DIRECTOR , THE ADMINISTRATORINCHARGEOFANAPPROVEDTREATMENTFACILITYSHALL DETERMINE WHO IS ADMITTED FOR TREATMENT.IF A PERSON IS REFUSED ADMISSIONTOANAPPROVEDTREATMENTFACILITY ,THEADMINISTRATOR MAY REFER THE PERSON TO ANOTHER APPROVED AND APPROPRIATE TREATMENT FACILITY FOR TREATMENT IF IT IS DEEMED LIKELY TO BE BENEFICIAL.APERSONMUSTNOTBEREFERREDFORFURTHERTREATMENT 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 BENEFICIA.
(3) I A PATIENT RECEIVING RESIDENTIAL CARE LEAVES AN APPROVED TREATMENT FACILITY , THE PERSON IS ENCOURAGED TO CONSENT TO OUTPATIENT TREATMENT OR SUPPORTIVE SERVICES IF APPROPRIATE.
SECTION19.
InColoradoRevisedStatutes,repealandreenact, with amendments, 27-81-110 as follows:
27-81-110.
[Similar to 27-82-106] Voluntary treatment for persons intoxicated by alcohol, under the influence of drugs, or incapacitatedby substances.(1) AERSONINTOXICATEDBYALCOHOL , UNDER THE INFLUENCE OF DRUGS,OR INCAPACITATED BY SUBSTANCES , INCLUDINGAMINORIFPROVIDEDBYRULESOFTHEOFFICEOFBEHAVIORAL HEALTH MAYVOLUNTARILYADMITHIMSELFORHERSELFTOANAPPROVED TREATMENT FACILITY FOR AN EMERGENCY EVALUATION TO DETERMINE NEED FOR TREATMENT .
-20- 007 (2) T HE ADMINISTRATOR SHALL IMMEDIATELY EVALUATE OR EXAMINEAPERSONWHOVOLUNTARILYENTERSANAPPROVEDTREATMENT FACILITY.
F THE PERSON IS FOUND TO BE IN NEED OF TREATMENT,THE ADMINISTRATOR SHALL ADMIT THE PERSON OR REFER THE PERSON TO ANOTHER APPROPRIATE FACILITY .
F 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) E XCEPT 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 PERSONWHOISNOTADMITTEDTOANAPPROVEDTREATMENT FACILITYOR REFERRED TO ANOTHER HEALTHFACILITY ,ANDWHOHASNO MONEY ,MAY BE TAKEN TO THE PERSON S HOME ,IF ANY.
F THE PERSON HAS NO HOME ,THE APPROVED TREATMENT FACILITY MAY ASSIST THE PERSON IN OBTAINING SHELTER.
(5) I F A PERSON IS ADMITTED TO AN APPROVED TREATMENT FACILITY,THE PERSON S FAMILY OR NEXT OF KIN MUST BE NOTIFIED AS PROMPTLYASPOSSIBLEINACCORDANCEWITHFEDERALCONFIDENTIALITY REGULATIONS FOR SUBSTANCE USE DISORDER PATIENT RECORDS ,WHICH REGULATIONS ARE FOUND AT 42CFR PART 2,AS AMENDED .IF AN ADULT PERSONREQUESTSTHATTHEREBENONOTIFICATION ,THEADULTPERSON 'S REQUEST MUST BE RESPECTED .
(6) I F 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) N OTHING IN THIS SECTION PRECLUDES THE ADMINISTRATOR FROM SEEKING EMERGENCY COMMITMENT OF A PERSON AS PROVIDED IN -21- 007 SECTION 27-81-111OR INVOLUNTARY COMMITMENT OF A PERSON AS PROVIDED IN SECTION27-81-112,REGARDLESS OFWHETHER 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.
SECTION 20.
In Colorado Revised Statutes, amend 27-81-111 as follows:
27-81-111.
Emergency commitment.
(1) (a) When a person is intoxicatedUNDER THE INFLUENCE OF or incapacitated by alcohol SUBSTANCES and clearly dangerous to the health and safety of himself, herself, or others, he or she shall be taken into protective custodyby enforcement authorities or an emergency service patrol, acting with probable cause, and placeSHALL TAKE THE PERSON INTO PROTECTIVE CUSTODY in an approved treatment facility.
If no such facilities are available, he or sheTHE PERSON may be detained in an emergency medical facility or jail, but only for so long as may be necessary to prevent injury to himself, herself, or others or to prevent a breach of the peace.
If the person being detained is a juvenile, as defined in section 19-1-103 (68), C.R.S.,he juvenile shall be placed in a setting that is nonsecure and physically segregated by sight and sound from the adult offenders.Alawenforcementofficeroremergencyservicepatrolofficer, in detaining the person, is taking him or herRSON into protective custody.
In so doing, the detaining officer mayprotect himself or herself by reasonable methods but shall make every reasonable effort to protect the detainee's health and safety.
A taking into protective custody under this section is not an arrest, and no entryor other record shall be made to indicate that the person has been arrested or charged with a crime.
Law -22- 007 enforcementoremergencyservicepersonnelwhoactincompliancewith this section are acting in the course of their official duties and are not criminally or civilly liable therefor.
Nothing in this subsection (1) shall preclude an intoxicated or incapacitated PRECLUDES A person INTOXICATED BY ALCOHOL ,UNDER THE INFLUENCE OF DRUGS , OR INCAPACITATED BY SUBSTANCES who is not dangerous to the health and safetyof himself, herself, or others from being assisted to his or her PERSON S home or like location by the law enforcement officer or emergency service patrol officer.
(b) A sheriff or police chief who violates the provisions of paragraph (a) of this subsection (1)CTION (1)(aOF THIS SECTION related to detaining juveniles may be subject to a civil fine of no more than one thousand dollars.
The decision to fine shall be based on prior violations of the provisions of paragraph (a) of this subsection (1) SUBSECTION (1)(a)OFTHIS SECTIONbythe sheriff or police chief and the willingnessofthesherifforpolicechieftoaddresstheviolationsinorder tocomplywithparagraph(a)of thissubsection(1)UBSECTION (1)(aOF THIS SECTION.
(2) A law enforcement officer, emergency service patrolman PATROLOFFICER ,physician,spouse,guardian, orrelativeof thepersonto be committed or any other responsible person may make a written applicationforemergencycommitmentunderthissection,directedtothe administrator of the approved treatment facility.
The application shall MUST state the circumstances requiring emergency commitment, includingtheapplicant'spersonalobservationsandthespecificstatements of others, if any, upon which he or shePPLICANT relies in making the application.
A copyof the application shalle furnished to the -23- 007 person to be committed.
(3) If the approved treatment facilitynistrator or his or her authorizeddesigneeapprovestheapplication,thepersADMINISTRATOR shall be committed, evaluated, and treatedMMIT ,EVALUATE ,AND TREAT THE PERSON for a period not to exceed five days.
The person shall be brought to the facility bypeace officer, the emergency service patrol, or any interested personHALL BRING THE PERSON TO THE FACILITY.Ifnecessary,thecourtmaybecontactedtoissueanordertothe police, the peace officer's department, or the sheriff's department to transport the person to the facility.
(4) If the approved treatment facilitynistrator or his or her authorized designeedetermines that the application fails to sustain the grounds for emergencycommitment as set forth in subsection (1) of this section, the commitment shall be refused and the person detained immediately released, and the person shall be encouraged ADMINISTRATORSHALLREFUSETHECOMMITMENT ,IMMEDIATELYRELEASE THE DETAINED PERSON ,AND ENCOURAGE THE PERSON to seek voluntary treatment if appropriate.
(5) When the administrator determines that the grounds for commitment no longer exist, he or she THE ADMINISTRATOR shall discharge the person committed under this section.
A person committed under this section mayST not be detained in anytreatment facilityfor morethanfivedays;exceptthatapersonmaybedetainedforlongerthan five days at the approved treatment facility if, in that period of time, a petition for involuntary commitment has been filed pursuant to section 27-81-112.
A person may MUST not be detained longer than ten days, EXCLUDING WEEKENDS AND HOLIDAYS , after the date of filing of the -24- 007 petition for involuntary commitmUNLESS A VALID MEDICAL REASON EXISTS FOR DETAINING A PERSON LONGE.
(6) Whenever a person is involuntarily detained pursuant to this section, he or she ADMINISTRATOR shall, immediatelybe advised by the facility administrator or his or her authorized designeeN TWENTY -FOUR HOURS AFTER DETAINMENT ,ADVISE THE PERSON WHO IS INVOLUNTARILY DETAINED , both orally and in writing, of hiTHEr her PERSON S right to challenge suTHE detention by application to the courts for a writ of habeas corpus, to be represented by counsel at every stage of any proceedings relating to his or herommitment and recommitment,andtohavecounselappointedbythecourtorprovidedby the court if he orTHE PERSON wants the assistance of counsel and is unable to obtain counsel.
(7) ANY LAW ENFORCEMENT OFFICER ,EMERGENCY SERVICE PERSONNEL ,PHYSICIANSPOUSE ,GUARDIAN ORRELATIVEOFANYPERSON TO BE COMMITTED ;ANY TREATMENT FACILITY ADMINISTRATOR OR THE ADMINISTRATOR 'S DESIGNEE;OR ANY OTHER EMPLOYEE OR PERSON ACTING ON BEHALF OF AN APPROVED TREATMENT FACILITY, PARTICIPATINGINORCARRYINGOUTTHEEMERGENCYCOMMITMENTAND TREATMENT AS DESCRIBED IN THIS SECTION , WHETHER ACTING INDIVIDUALLY OR IN HIS OR HER OFFICIAL CAPAC,IS NOT CRIMINALLY OR CIVILLY LIABLE THEREFO.
SECTION 21.
In Colorado Revised Statutes, amend 27-81-112 as follows:
27-81-112.
Involuntary commitment of a person with a substance use disorder.
(1) The court may commit a person to the custodyoftheofficeofbehavioralhealthuponthepetitionoftheperson's -25- 007 spouse or guardian, a relative, a physician, an advanced practice nurse, theadministratorinchargeofanapprovedtreatmentfacility,oranyother responsible person.
The petition must allege that the person is a person with an alcoholAS A SUBSTANCE use disorder and that the person has threatenedorattemptedtoinflictorinflictedphysicalharmonhimself or herself or on another and that unless committed the person is likely to inflictphysicalharmonhimselforherselforonanotherorthattheperson is incapacitated by alcoholSTANCES .
A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.Thepetitionmustbeaccompaniedbyacertificateofalicensed physician who has examined the person within twoTEN days before submissionofthepetition,unlessthepersonwhosecommitmentissought has refused to submit to a medical examination, in which case the fact of refusal must be alleged in the petition,EXAMINATION CANNOT BE MADE OF THE PERSON DUE TO THE PERSON 'S CONDITION.
The certificate must set forth the physician's findings in support of the petition's allegations.
(2) ACOURT SHALL NOT ACCEPT a petition submitted pursuant to subsection (1) of this section shall not be acceptunless there is documentation of the refusalbythepersonto be committed to accessible andaffordablevoluntarytreatment.The documentationmayinclude,but shall not beS NOTlimited to, notations in the person's medical or law enforcement records or statements by a physician, advanced practice nurse, or witness.
(3)(a) Uponfilingthepetition,EPERSONWHOSECOMMITMENT IS SOUGHT MUST BE NOTIFIED OF THE PERSO'S RIGHT T:
(I) E NTER INTO A STIPULATED ORDER OF THE COURT FOR -26- 007 COMMITTED TREATMENT IN ORDER TO EXPEDITE PLACEMENT IN AN APPROVEDTREATMENTFACILITYBYTHEOFFICEOFBEHAVIORALHEALTH ;
OR (II) T CONTEST THE COMMITMENT PROCEEDING .
(b) IF A STIPULATED ORDER IS ENTERED , THE OFFICE OF BEHAVIORAL HEALTH SHALL PLACE THE PERSON IN AN APPROVED TREATMENT PROGRAM THAT REFLECTS THE LEVEL OF NEED OF THE PERSON .
(c) ITHEPERSONWHOSECOMMITMENTISSOUGHTEXERCISESTHE RIGHT TO CONTEST THE PETITIO, the court shall fix a date for a hearing no later than ten days,LUDING WEEKENDS AND HOLIDAYS , after the date the petition was filed.
A copy of the petition and the notice of the hearing, including the date fixed by the court, must be personally served onthepetitioner,the person whosecommitmentissought,andoneof his or herTHE PERSONS parents or his orTHE PERSON Slegal guardian if he or sheTHE PERSON is a minor.
A copy of the petition and notice of hearing must be mailedROVIDED to the office of behavioral health, to counsel for the person whose commitmentissought,tothe administrator inchargeoftheapprovedtreatmentfacilitytowhichthepersonmayhave been committed for emergency treatment, and to any other person the court believes advisable.
(4) At the hearing, the court shall hear all relevant testimony, including,ifpossible,thetestimonyofatleastonelicensedphysicianwho has examined the person whose commitment is sought.
The person shall MUST be present unless the court believes that the person's presence is likely to be injurious to the person;
in this event, the court shall appoint a guardian ad litem to represent the person throughout the proceeding.
If -27- 007 the person has refused to be examined by a licensed physician, he or she shallTHE PERSON MUST be given an opportunity to be examined by a court-appointed licensed physician.
If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true orif thecourtbelievesthatmoremedicalevidenceisnecessary,thecourt may commit the person to a licensed hospital for a period of not more thanfivedaysforadiagnosticexamination.In such event,thecourtshall schedule a further hearing for final determination of commitment, in no event later than five days after the first hearing.
(5) If after hearing all relevant evidence, including the results of any diagnostic examination by the licensed hospital, the court finds that grounds for involuntarycommitment have been established byclear and convincingproof,itHECOURT shallmakeanorderofcommitmenttothe office of behavioral health.
The office of behavioral health has the right to delegate physical custody of the person to an appropriate approved treatment facility.
The court may not order commitment of a person unless it determines that the officeof behavioral health is able to provide adequate and appropriate treatment for the person, and the treatment is likely to be beneficial.
(6) Upon the court's commitment of a person to the office of behavioral health, the court mayissue an order to the sheriff to transport the person to the facility designated by the office of behavioral health.
(7) A person committed as provided for in this section remains in thecustodyoftheofficeofbehavioralhealthfortreatmentforaperiodof thirtyUP TO NINETYdays.
unless discharged sooner.
At the end of the thirty-dayINETY-DAY period,heorsheshallbedischargedautomatically THE TREATMENT FACILITY SHALL AUTOMATICALLY DISCHARGE THE -28- 007 PERSON unless the office of behavioral health, before expiration of the thirty-dayINETY DAY period, obtains a court order for hisTHE her PERSON S recommitment onthegroundssetforthinsubsection(1)of this section for a further period of ninety days unless discharged sooner.
If a person has been committed because he or sheE PERSON is a person withanalcohol ASUBSTANCE usedisorderwhoislikelytoinflictphysical harm on another, the office of behavioral health shall apply for recommitment if, after examination, it is determined that the likelihood to inflict physical harm on another still exists.
(8) Apersonwhoisrecommittedasprovidedforinsubsection(7) of this section and who has not been discharged by the office of behavioralhealthbeforetheendof theninety-dayperiod isdischargedat the expiration of that ninety-day period unless the office of behavioral health, before expiration of the ninety-day period, obtains a court order on the grounds set forth in subsection (1) of this section for recommitment for a further period, not to exceed ninetydays.
If a person has been committed because he or sheE PERSON is a person with an alcoholA SUBSTANCE use disorder who is likely to inflict physical harm on another, the office of behavioral health shall applyfor recommitment if,afterexamination,itisdeterminedthatthelikelihoodtoinflictphysical harm on another still exists.
Only two recommitment orders pursuant to subsection (7) of this section and this subsection (8) are permitted.
(9) Upon the filing of a petition for recommitment under subsections (7) and (8) of this section, the court shall fix a date for hearing no NOT later than ten days,EXCLUDING WEEKENDS AND HOLIDAYS , after the date the petition wUNLESS A VALID MEDICAL REASON EXISTS FOR DELAYING THE HEARING.
A copy of the petition and -29- 007 of the notice of hearing shall be served and PROVIDED as required insubsection(3)ofthissection.Atthehearing,thecourtshallproceedas provided in subsection (4) of this section.
(10) The office of behavioral health shall provide adequate and appropriate treatment of a person committed to its custody.
The office of behavioral health maytransfer anyperson committed to its custodyfrom one approved treatment facility to another, if transfer is advisable.
(11) The office of behavioral health shall discharge a person committed to its custody for treatment at any time before the end of the period for which he or sheE PERSON has been committed if either of the following conditions is met:
(a) In the case of a person with an alcohoA SUBSTANCE use disorder committed on the grounds that he or shePERSON is likelyto inflict physical harm upon another, that he or sheRSON no longer has an alcohol SUBSTANCE use disorder that requires treatment or the likelihood to inflict physical harm upon another no longer exists;
or (b) In the case of a person with an alcohol SUBSTANCE use disorder committed on the grounds of the need of treatment and incapacity, that the incapacity no longer exists,N THE CASE OF A PERSONWITHASUBSTANCEUSEDISORDERCOMMITTEDONANYGROUNDS PURSUANT TO THIS SECTION ,THAT further treatment wiISnot likelTO bring about significant improvement in the person's condition, or treatment is no longer appropriate, THAT FURTHER TREATMENT IS UNLIKELY TO BE BENEFICIAL.
(12) The court shall inform the person whose commitment or recommitment is sought of his or herE PERSON 'Sright to contest the application, to be represented by counsel at every stage of any -30- 007 proceedingsrelatingtotheperson'scommitmentandrecommitment,and to have counsel appointed by the court or provided by the court if he or sheTHE PERSON wants the assistance of counsel and is unable to obtain counsel.
If the court believes that the person needs the assistance of counsel, the court shall require, byappointment if necessary, counsel for the person regardless of his or her PERSON 'Swishes.
The person whose commitment or recommitment is sought shall be informed of his or heTHE PERSON S right to be examined by a licensed physician of the person's choice.If thepersonisunabletoobtaina licensed physician and requests examination by a physician, the court shall employ a licensed physician.
(13) If a private treatment facility agrees with the request of a competentpatientorhisorher THE PATIENTS parent, sibling, adult child, or guardian to accept the patient for treatment, the administrator of the public treatment facility shall transfer him or herATIENT to the private treatment facility.
(14) Apersoncommittedunderthisarticle ARTICLE81mayatany time seek to be discharged fromcommitment byan order in the nature of habeas corpus.
(15) Thevenueforproceedingsunderthissectionisthecountyin which the person to be committed resides or is present.
(16) All proceedings conducted pursuant to this article shall be ARTICLE81 ARE conductedbythedistrictattorneyofthecountywherethe proceeding is held or by an attorney acting for the district attorney appointed by the court for that purpose;
except that, in any county or in anycityandcountyhavingapopulationexceedingonehundredthousand persons, the proceedings shall be conducted bythe countyattorneyor by -31- 007 an attorney acting for the county attorney appointed by the court.
SECTION 22.
In Colorado Revised Statutes, amend 27-81-113 as follows:
27-81-113.
Records of persons with substance use disorders, persons intoxicated by alcohol, and persons under the influence of substances.
(1) The registration andotherrecords of treatment facilities shall remainRE confidentiaAND FULLY PROTECTED AS OUTLINED IN FEDERALCONFIDENTIALITYREGULATIONSFORSUBSTANCEUSEDISORDER RECORDS FOUND AT 42 CFR PART 2,AS AMENDED , and are privileged to the patient.
(2) Notwithstanding subsection (1) of this section, the director may make available information from patients' records for purposes of research into the causes and treatment of alcoholSUBSTANCE use disorders.
Information underMADE 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 shall be construed to prohibit or limit PROHIBITS OR LIMITSthe 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.
SECTION23.
InColoradoRevisedStatutes,repealandreenact, with amendments, 27-81-114 as follows:
27-81-114.
Rights of persons receiving evaluation, care, or treatment.
(1) AFACILITY SHALL IMMEDIATELY ADVISE EACH PERSON RECEIVINGEVALUATION ,CARE,ORTREATMENTUNDERANYPROVISIONOF THIS ARTICLE81,ORALLY AND IN WRITING,THAT THE PERSON HAS AND IS AFFORDED THE FOLLOWING RIGHTS :
-32- 007 (a) TO BE EVALUATED TO DETERMINE THE PERSON S BEHAVIORAL HEALTH TREATMENT NEEDS RELATING TO THE USE OF SUBSTANCES , INCLUDING ALCOHOL OR DRUGS ;
(b) IUNDERANEMERGENCYCOMMITMENTPURSUANTTOSECTION 27-81-111, TO REFUSE TO BE EXAMINED BY A LICENSED PHYSICIAN FOR CERTIFICATION.A PERSON SREFUSALTOBEEXAMINEDFORCERTIFICATION MAY BE ALLEGED IN A PETITION FOR INVOLUNTARY COMMITMENT .
A PERSON MAY REQUEST TO BE EXAMINED BY THE PERSON 'S PHYSICIA,OR A COURT MAY ORDER A PERSON TO BE EVALUATED BY A LICENSED PHYSICIAN FOR CERTIFICATION.
(c) TORECEIVETIMELYMEDICALANDBEHAVIORALHEALTHCARE AND TREATMENT ,AS SPECIFIED IN LA,THAT IS DETERMINED BASED ON THE PERSON S NEEDS AND THAT IS DELIVERED IN THE LEAST RESTRICTIVE TREATMENT SETTING POSSIBLE ,AS SET FORTH IN DEPARTMENT RULES;
(d) TO BE TREATED FAIRLY AND TO RECEIVE THE SAME CONSIDERATION AND ACCESS TO APPROPRIATE SERVICES AS OTHERS , REGARDLESSOFRACE ,COLOR NATIONALORIGIN AGE ,GENDERIDENTITY , SEXUAL ORIENTATION , POLITICAL AFFILIATION, RELIGIOUS BELIEFS, FINANCIAL STATUS ,OR DISABILIT;
(e) TO CONTEST A COMMITMENT PROCEEDING OR TO ENTER INTO A STIPULATED ORDER OF THE COURT FOR COMMITTED TREATMENT ;
(f) TO RETAIN AND CONSULT WITH AN ATTORNEY AT ANY TIME AND TO HAVE AN ATTORNEY APPOINTED BY OR PROVIDED BY THE COURT INATIMELYMANNERINANYPROCEEDINGSRELATINGTOCOMMITMENTOR RECOMMITMENT IFTHEPERSONWANTSTHEASSISTANCEOFANATTORNEY AND IS UNABLE TO OBTAIN AN ATTORNEY ;
(g) TOAT ANYTIME SEEKTOBEDISCHARGEDFROMCOMMITMENT -33- 007 BY AN ORDER IN THE NATURE OF HABEAS CORPU;
(h) O NCE NO LONGER UNDER THE INFLUENCE OF DRUGS OR INTOXICATEDBYALCOHOL ,TOSIGNINANDSEEKVOLUNTARYSUBSTANCE USEDISORDERTREATMENT ,UNLESSTHEADMINISTRATORDETERMINESIN WRITING THAT REASONABLE GROUNDS EXIST TO BELIEVE THAT THE PERSON WILL NOT REMAIN IN VOLUNTARY TREATMENT OR THAT THE PERSONISCLEARLYDANGEROUSTOTHEHEALTHANDSAFETYOFHIMSELF OR HERSELF OR OTHERS;
(i) IF IN COMMITTED TREATMENT , TO RECEIVE TWENTY -FOUR-HOURNOTICEPRIORTOBEINGTRANSFERREDTOANOTHER FACILITY;
(j) T O HAVE REASONABLE OPPORTUNITIES FOR CONTINUING VISITATION AND COMMUNICATION WITH THE PERSON S FAMILY AND FRIENDS,CONSISTENT WITHAN EFFECTIVE TREATMENT PROGRAMANDAS DETERMINED IN DEPARTMENT RULES.EACH PERSON MAY MEET WITH THE PERSON'SATTORNEY ,CLERGYPERSON ORHEALTHCAREPROVIDERATANY TIME.
(k) TO HAVE REASONABLE ACCESS TO MAIL AND WRITING MATERIALS ,INCLUDING POSTAGE , AS WELL AS THE ASSISTANCE OF FACILITY STAFF IF THE PERSON IS UNABLE TO WR,PREPARE,OR MAIL CORRESPONDENCE ;
(l) SUBJECT TO DEPARTMENT RULES RELATING TO THE USE OF TELEPHONES AND OTHER COMMUNICATION DEVICES, TO HAVE REASONABLE ACCESS TO TELEPHONES OR OTHER COMMUNICATION DEVICES,AND TO MAKE AND TO RECEIVE CALLS OR COMMUNICATIONS IN PRIVACY.FACILITYSTAFFSHALLNOTOPEN ,DELAY ,INTERCEPTREAD ,OR CENSOR MAIL OR OTHER COMMUNICATIONS OR USE MAIL OR OTHER -34- 007 COMMUNICATIONSASAMETHODTOENFORCECOMPLIANCEWITHFACILITY STAFF .
(m) T OWEARHISORHEROWNCLOTHES ,KEEPANDUSEPERSONAL POSSESSIONS ,AND KEEP AND BE ALLOWED TO SPEND A REASONABLE SUM OF THE PERSON S OWN MONEY ;
(n) TO HAVE ACCESS TO MEDICAL RECORDS ;
(o) T O HAVE TREATMENT RECORDS REMAIN CONFIDENTIAL , EXCEPT AS REQUIRED BY LAW ;
(p) TO NOT BE FINGERPRINTED,UNLESS REQUIRED BY LAW ;
(q) T O REFUSE TO BE PHOTOGRAPHED ,EXCEPT FOR TREATMENT FACILITY IDENTIFICATION PURPOSES;
(r) T O HAVE THE OPPORTUNITY TO REGISTER AND VOTE BY ABSENTEE BALLOT WITH THE ASSISTANCE OF FACILITY STAFF;
(s) TO HAVE APPROPRIATE ACCESS TO ADEQUATE FOOD ,WATER , AND HYGIENE PRODUCTS ;
(t) TO HAVE PHYSICAL PRIVACY IN SHOWERING ,CHANGING ,AND USING THE RESTROOM ;AND (u) TO BE FREE OF RESTRAINTS AND SOLITARY CONFINEMENT .
(2) ONLYQUALIFIEDSTAFFPROVIDINGEVALUATION ,TREATMENT , OR CARE FOR A PERSON MAY DENY OR RESTRICT THE PERSON S RIGHTS UNDER SUBSECTION (1)OF THIS SECTION IF THE PERSONS HEALTH OR SAFETY WOULD BE CLEARLY ENDANGERED IF THE RIGHTS WERE NOT DENIED OR RESTRICTED .
F A PERSON 'S RIGHTS ARE DENIED OR RESTRICTED ,THE REASON FOR THE DENIAL OR RESTRICTION MUST BE EXPLAINEDTOTHEPERSONANDENTEREDINTOTHEPERSON STREATMENT RECORD .
THE FACILITY SHALL PROVIDE THE PERSON AND THE PERSON'S ATTORNEY THE INFORMATION PERTAINING TO A DENIAL OR RESTRICTION -35- 007 OF RIGHTS CONTAINED IN THE PERSON S TREATMENT RECORD .
THE PERSON S RIGHTS MUST BE IMMEDIATELY RESTORED AS SOON AS THE PERSON S HEALTH AND SAFETY ARE NO LONGER CLEARLY ENDANGERED.
(3) A PERSON RECEIVING EVALUATION ,CARE ,OR TREATMENT UNDERANYPROVISIONOFTHISARTICLE 81 MAYSUBMITAGRIEVANCEOR COMPLAINT AGAINST THE FACILITY OR FACILITY STAFF PURSUANT TO A GRIEVANCEORCOMPLAINTPROCESS ,WHICHISEXPLAINEDTOTHEPERSON INDETAILANDINCLUDEDWITHTHEORALANDWRITTENEXPLANATIONOF RIGHTS.
(4) AS PART OFTHEIMMEDIATEORALAND WRITTEN ADVISEMENT OF THE RIGHTS ENUMERATED IN THIS SECTIO,A FACILITY SHALL ALSO INCLUDE THE TELEPHONE NUMBER AND E-MAIL ADDRESS FOR THE OFFICE OFTHEOMBUDSMANFORBEHAVIORALHEALTHACCESSTOCARE ,CREATED INSECTION27-80-303.THEWRITTENADVISEMENTSMUSTBETRANSLATED IF THE PERSON CANNOT READ OR UNDERSTAND E NGLISH.
THE ADMINISTRATORSHALLCAUSETHERIGHTSENUMERATEDINTHISSECTION TOBEPOSTEDINAPROMINENTLOCATIONWHERECLIENTSINTHEFACILITY RESIDE,WHICH POSTING MUST ALSO INCLUDE THE NUMBER AND E-MAIL ADDRESS FOR THE OFFICE OFTHE OMBUDSMANFOR BEHAVIORALHEALTH ACCESS TO CARE,CREATED IN SECTION27-80-303.
SECTION24.
In Colorado RevisedStatutes,27-81-115,amend (1) as follows:
27-81-115.
Emergency service patrol - establishment - rules.
(1) Theofficeofbehavioralhealthandcities,counties,cityandcounties, andregionalserviceauthoritiesmayestablishemergencyservicepatrols.
A patrol consists of persons trained to give assistance in the streets and in other public places to persons who are intoxicated or incapacitated -36- 007 alcohol, UNDER THE INFLUENCE OF DRUGS , OR INCAPACITATED BY SUBSTANCES .
Members of an emergency service patrol must be capable of providing first aid in emergency situations and are authorized to transport a person intoxicated or incapacitatedcohol,UNDER THE INFLUENCE OF DRUGS ,OR INCAPACITATED BY SUBSTANCES to his or her home and to and from treatment facilities.
SECTION 25.
In Colorado Revised Statutes, amend 27-81-117 as follows:
27-81-117.
Criminal laws - limitations.
(1) A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a person with an alcohol use disorder, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.
(2) A county, municipality, or other political subdivision may SHALL notinterpretorapplyanylawofgeneralapplicationtocircumvent the provisions of subsection (1) of this section.
(3) Nothing in this articleCLE 81 affects anylaw, ordinance, resolution,orruleagainstdrunkendriving,drivingundertheinfluenceof alcoholOR DRUGS , or other similar offense involving the operation of a vehicle, an aircraft, or a boat or machinery or other equipment or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated times and places or by a particular class of persons.
(4) The fact that a person is intoxicated or incapacitated alcohol, shallNDER THE INFLUENCE OF DRUGS ,OR INCAPACITATED BY SUBSTANCES DOES not prevent his or her THE PERSON 'S arrest or -37- 007 prosecution for the commission of any criminal act or conduct not enumerated in subsection (1) of this section.
(5) Nothing in this article shall be construed as a limitation upon ARTICLE 81LIMITStherightof apoliceofficertomakeanotherwiselegal arrest, notwithstanding the fact that the arrested person may be intoxicatedBY ALCOHOL , UNDER THE INFLUENCE OF DRUGS , or incapacitated by alcoholBSTANCES.
SECTION26.
InColoradoRevisedStatutes,addwithamended and relocated provisions 27-81-118 as follows:
27-81-118.
[Formerly 27-82-114] Opioid crisis recovery funds advisory committee - creation - membership - purpose.
(1) There is hereby created the opioid crisis recovery funds advisory committee, referred to in this section as the "committee", which is created to advise andcollaboratewiththedepartmentoflawonusesofanycustodialfunds received by the state as the result of opioid-addiction-related litigation and for which the use of the funds is not predetermined or committed by court order or other action by a state or federal court of law.
(2) (a) The committee consists of members appointed as follows:
(I) Thirteen members appointed by the governor, including:
(A) Onememberlicensedtopracticemedicinepursuanttoarticle 240 of title 12;
(B) Onememberlicensedtopracticepharmacypursuanttoarticle 280 of title 12;
(C) Onememberlicensedtopracticeasanursepursuanttoarticle 255 of title 12;
(D) One member licensed as a dentist pursuant to article 220 of title 12;
-38- 007 (E) Onememberlicensedasaveterinarianpursuanttoarticle315 of title 12;
(F) Onememberlicensedasaphysicaltherapistpursuanttoarticle 285 of title 12;
(G) One member representing a local public health agency;
(H) One member who has been affected by the opioid crisis;
(I) One family member of a person who has been affected by the opioid crisis;
(J) Onememberrepresentinganadvocacyorganizationforpeople with substance use disorders;
(K) Two members appointed from nominees submitted by statewide organizations representing counties, with one member representing the western slope and one member representing the eastern part of the state;
and (L) One member from an association that represents behavioral health providers;
(II) Two members appointed by the executive director of the department of human services, one of whom must represent an association of substance use providers;
(III) Two members appointed by the executive director of the department of public health and environment, one of whom is a pain management patient;
(IV) One member appointed by the executive director of the department of regulatory agencies;
(V) One member appointed by the executive director of the department of health care policy and financing;
(VI) One member from the state substance abuse trend and -39- 007 response task force, created in section 18-18.5-103, appointed by the attorney general;
(VII) Onememberfromthecenterforresearchintosubstanceuse disorder prevention, treatment, and recovery support strategies, created in section 27-80-118 (3), appointed by the director of the center;
(VIII) One member from each safety net hospital that provides addiction services, appointed by the hospital;
(IX) OnememberfromtheColoradodistrictattorneys'council,or any successor organization, appointed by its executive director;
(X) Twomembersrepresentinglawenforcementagencies,oneof whomisappointedbytheColoradoassociationofchiefsofpolice,orany successor organization, and one of whom is appointed by the county sheriffs of Colorado, or any successor organization;
and (XI) OnememberrepresentingtheColoradomunicipalleague,or any successor organization, appointed by the president of the executive board of the Colorado municipal league or the president's designee.
(b) The attorney general shall notify the appointing authorities if the state receives a settlement or damage award for which the use of the custodialfundsisnotpredeterminedorcommittedbycourtorderorother action by a state or federal court of law.
The appointing authorities shall maketheirinitialappointmentstothecommitteenolaterthanninetydays after receiving the notice.
(3) Each member of the committee who is appointed pursuant to subsection (2) of this section serves at the pleasure of the appointing authoritythatappointedthemember.TEAPPOINTINGAUTHORITYSHALL FILL a vacancy shall be filled in the same manner as the initial appointment.
-40- 007 (4) If the state receives custodial funds from a settlement or damageawardfromopioid-addiction-relatedlitigationand the use of the fundsisnotpredeterminedorcommittedbycourtorderorotheractionby astateorfederalcourt of law, the attorneygeneral shall conveneandcall a meeting of the committee, and any subsequent meetings as necessary, to seek input and recommendations from the committee on the proper expenditure of the funds received.
(5) (a) Each member of the committee shall maintain confidentiality throughout the process of determining the proper expenditure of custodial funds.
Members shall not disclose the contents of any requests for funding with anyone outside of the committee.
(b) Eachcommitteemembershallaffirmthatthememberdoesnot have a personal or financial interest regarding anyorganization that may request funding.
Members shall disclose all potential conflict of interest situations to the attorney general before reviewing funding requests.
SECTION 27.
Repeal of relocated and nonrelocated provisionsinthisact.
(1) In Colorado Revised Statutes, repeal part1of article 82 of title 27.
(2) The repeal of part 1 includes sections 27-82-102 (13.3) and (13.5) and 27-82-103.5 as they would become effective July 1, 2022.
(3) Section 27-82-102 (7), (10), (13), (13.5) as it would become effective July 1, 2022, and (14) and section 27-82-114 are relocated.
SECTION28.
InColoradoRevisedStatutes,12-100-120,amend (1)(l) as follows:
12-100-120.
Grounds for disciplinary action - administrative penalties.
(1) After notice and hearing as provided in section 12-100-123,theboardmaytakedisciplinaryorotheractionasauthorized -41- 007 in section 12-20-404 and impose other conditions or limitations on a person for any of the following causes:
(l) An alcohol SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102, or an excessive use of a habit-forming drug, controlled substance, as defined in section 18-18-102 (5), or alcohol beverage that renders the certified public accountant unfit to practice public accounting;
SECTION29.
InColoradoRevisedStatutes,12-110-111,amend (1)(d) as follows:
12-110-111.
Grounds for discipline.
(1) The director may take disciplinary or other action as authorized in section 12-20-404 against a license or an application for a license if the applicant or licensee:
(d) Has an alcoholA SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102,or is an excessive or a habitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), if the use, disorder, or dependency is a danger to other licensees;
SECTION30.
InColoradoRevisedStatutes,12-155-113,amend (1)(l) as follows:
12-155-113.
Disciplinary action by board - procedures - cease-and-desist orders.
(1) The board may take disciplinary or other action as authorized by section 12-20-404 for any of the following reasons:
(l) An alcohol SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102, or excessive use of any habit-forming drug, anycontrolled substance, as -42- 007 defined in section 18-18-102 (5), or any alcoholic beverage;
SECTION31.
InColoradoRevisedStatutes,12-205-111,amend (2)(c) as follows:
12-205-111.
Groundsfordiscipline-disciplinaryproceedings - definitions.
(2) The director may take disciplinary or other action in accordance with section 12-20-404 or issue a cease-and-desist order in accordance with section 12-205-112 upon reasonable grounds that the licensee:
(c) Has an alcoholA SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102,or is an excessive or habitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects;
except that the director has the discretion not to discipline the licensee if the licensee is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;
SECTION32.
InColoradoRevisedStatutes,12-210-108,amend (2)(q) as follows:
12-210-108.
Disciplinary actions - grounds for discipline.
(2) The following acts constitute grounds for discipline:
(q) Having an alcohol SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102,or excessively or habitually using or abusing alcohol or habit-formingdrugsorhabituallyusingacontrolledsubstance,asdefined in section 18-18-102 (5), or other drugs or substances having similar effects;
except that the director has the discretion not to discipline the licensee if he or she is participating in good faith in an alcohol or -43- 007 substance use disorder treatment program approved by the director;
3 SECTION33.
InColoradoRevisedStatutes,12-235-111,amend (1)(f) as follows:
12-235-111.
Grounds for discipline - definitions.
(1) The director is authorized to take disciplinary action pursuant to section 12-235-112 against any person who has:
(f) An alcohol SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102, or a dependence on or addiction to alcohol or anyhabit-forming drug, or who abuses or engages in the habitual or excessive use of any habit-forming drug or any controlled substance as defined in section 18-18-102 (5), but the director may take into account the licensee's participation in a substance use disorder treatment program when considering disciplinary action;
SECTION34.
InColoradoRevisedStatutes,12-260-114,amend (1)(g) as follows:
12-260-114.
Groundsfordiscipline.(1) Theboardmaysuspend, revoke, or deny any person's certification to practice as a nurse aide or authority to practice as a medication aide in accordance with section 12-20-404 (1)(d) or may issue to the person a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4), upon proof that a person:
(g) Has an alcoholA SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102,or excessivelyuses anyhabit-forming drug or anycontrolled substance, as defined in section 18-18-102 (5), or other drugs having -44- 007 similareffects,orisdivertingcontrolledsubstances,asdefinedinsection 18-18-102 (5), or other drugs having similar effects from the person's place of employment;
SECTION35.
InColoradoRevisedStatutes,12-265-113,amend (1)(g) as follows:
12-265-113.
Grounds for discipline.
(1) The board has the power to take disciplinary or other action as specified in sections 12-20-404 and 12-265-107 (1)(d), upon proof that the person:
(g) Has an alcoholA SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102,abusesorengagesinthehabitualorexcessiveuseofanysuch habit-forming drug or any controlled substance as defined in section 18-18-102(5),orparticipatesintheunlawfuluseofcontrolledsubstances asspecifiedinsection18-18-404;exceptthattheboardhasthediscretion not to discipline the licensee if the person is participating, in good faith, in a substance use disorder treatment program approved by the board;
SECTION36.
InColoradoRevisedStatutes,12-275-110,amend (1)(d) as follows:
12-275-110.
Applicationforlicense-licensurebyendorsement - rules.
(1) A person who desires to practice optometry in the state may file with the board an application for a license, giving the information requiredinaformandmannerapprovedbytheboard.Theapplicantshall demonstrate that the applicant possesses the following qualifications:
(d) The applicant does not have an alcoholUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as definedinsection27-82-102,rhasnothabituallyorexcessivelyusedor abused alcohol, habit-forming drugs, or controlledsubstancesasdefined -45- 007 in section 18-18-102 (5).
SECTION37.
InColoradoRevisedStatutes,12-280-126,amend (1)(e) as follows:
12-280-126.
Unprofessional conduct - grounds for discipline.
(1) The board may take disciplinary or other action as authorized in section12-20-404,afterahearingheldinaccordancewiththeprovisions of sections 12-20-403 and 12-280-127, upon proof that the licensee, certificant, or registrant:
(e) Has an alcoholA SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102,or engages in the habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance, as defined in section 18-18-102 (5);
SECTION38.
InColoradoRevisedStatutes,12-280-204,amend (2)(a) as follows:
12-280-204.
Eligibility -participants.(2) Inordertobeeligible for participation, a licensee shall:
(a) Acknowledge the existence or the potential existence of a psychiatric, psychological, or emotional problem;
excessive alcohol or drug use;
or an alcoholUBSTANCE use disorder, as defined in section 27-81-102;
or a substance use disorder, as defined in section 27-82-102;
SECTION39.
InColoradoRevisedStatutes,12-300-109,amend (2)(h) as follows:
12-300-109.
Grounds for action - disciplinary proceedings.
(2) The director has the power to take disciplinary or other action as authorized in section 12-20-404 against a licensee in accordance with subsections(4),(5),(6),and(8)ofthissectionuponproofthattheperson:
-46- 007 (h) Has an alcoholA SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102,or is an excessive or habitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects;
except that the director has the discretion not to discipline the license holderifheorsheisparticipatingingoodfaithinanalcoholorsubstance use disorder treatment program approved by the director;
SECTION40.
InColoradoRevisedStatutes,12-305-112,amend (2)(c) as follows:
12-305-112.
Grounds for discipline - definitions.
(2) The director may take disciplinary or other action specified in section 12-20-404or12-305-113orissueacease-and-desistordertoacertificate holder in accordance with sections 12-20-405 and 12-305-113 (8) upon proof that the certificate holder:
(c) Has an alcoholA SUBSTANCE use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102, excessively or habitually uses or abuses alcohol or habit-formingdrugs,orhabituallyusesacontrolledsubstance,asdefined insection18-18-102(5),orotherdrugshavingsimilareffects;exceptthat thedirectorhasthediscretionnottodisciplinethecertificateholderifthe certificate holder is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;
SECTION41.
InColoradoRevisedStatutes,12-310-106,amend (2)(c) as follows:
12-310-106.
Groundsfordiscipline-disciplinaryproceedings - judicial review.
(2) The director may take disciplinary or other action -47- 007 as authorized in section 12-20-404 against, or issue a cease-and-desist orderinaccordancewithsection12-20-405to,aregistrantinaccordance with this section and section 12-20-403, upon proof that the registrant:
(c) Has an alcoholA SUBSTANCE use disorder, as defined in section 27-81-102;
or a substance use disorder, as defined in section 27-82-102;is an excessive or habitual user or abuser of alcohol or habit-forming drugs;
or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects;
SECTION 42.
In Colorado Revised Statutes, 13-5-142, amend (1)(b) as follows:
13-5-142.
Nationalinstantcriminalbackgroundchecksystem - reporting.
(1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Coloradobureauofinvestigationcreatedpursuanttosection24-33.5-401, referred to in this section as the "bureau":
(b) Thenameof eachpersonwhohasbeencommittedbyorderof the court to the custody of the office of behavioral health in the department of human services pursuant to section 27-81-112;
or 27-82-108;and SECTION43.
InColoradoRevisedStatutes,13-5-142.5,amend (2)(a)(II) as follows:
13-5-142.5.
National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration.
(2) Eligibility.
A person may petition for relief pursuant to this section if:
(a) (II) He or she has been committed byorder of the court to the custody of the office of behavioral health in the department of human -48- 007 services pursuant to section 27-81-112;
or 27-82-108;
or SECTION 44.
In Colorado Revised Statutes, 13-9-123, amend (1)(b) as follows:
13-9-123.
Nationalinstantcriminalbackgroundchecksystem - reporting.
(1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Coloradobureauofinvestigationcreatedpursuanttosection24-33.5-401, referred to in this section as the "bureau":
(b) Thenameof eachpersonwhohasbeencommittedbyorderof the court to the custody of the office of behavioral health in the department of human services pursuant to section 27-81-112;
or 27-82-108;and SECTION 45.
In Colorado Revised Statutes, 13-9-124, amend (2)(a)(II) as follows:
13-9-124.
Nationalinstantcriminalbackgroundchecksystem - judicial process for awarding relief from federal prohibitions - legislative declaration.
(2) Eligibility.
A person maypetition for relief pursuant to this section if:
(a) (II) He or she has been committed byorder of the court to the custody of the office of behavioral health in the department of human services pursuant to section 27-81-112;
or 27-82-108;
SECTION 46.
In Colorado Revised Statutes, 13-14.5-105, amend (8)(b) as follows:
13-14.5-105.
Hearingsonpetition-groundsfororderissuance.
(8) (b) Before issuing an extreme risk protection order, the court shall consider whether the respondent meets the standard for an emergency commitment pursuant to section 27-81-111.
or 27-82-107.e court -49- 007 determines that the respondent meets the standard, then, in addition to issuing an extreme risk protection order, the court shall order an emergency commitment pursuant to section 27-81-111.
or 27-82-107.