Colorado § 17-26-104.9 Opioid treatment for a person in custody - definitions

Colorado Statutes

§ 17-26-104.9 — Opioid treatment for a person in custody - definitions

Colorado § 17-26-104.9

Title 17Corrections

Art.Jails

This text of Colorado § 17-26-104.9 (Opioid treatment for a person in custody - definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 17-26-104.9 (2026).

Text

(1)Repealed. (1.5) By July 1, 2023, a facility, whether operated by a governmental entity or private contractor, shall provide medication-assisted treatment, and other appropriate withdrawal management care to a person with a substance use disorder through the duration of the person's incarceration, as medically necessary. At a minimum:

(a)The facility shall perform a nonmedical evaluation, consistent with guidelines developed by the behavioral health administration, of the person upon entry into custody at the facility for recent substance use.

(b)The facility shall offer medication approved by the federal food and drug administration that is approved to treat opiate use disorder, which must include agonists, partial agonists, and antagonists, to a person in custody with an

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(1) Repealed.

(1.5) By July 1, 2023, a facility, whether operated by a governmental entity or
private contractor, shall provide medication-assisted treatment, and other
appropriate withdrawal management care to a person with a substance use
disorder through the duration of the person's incarceration, as medically necessary.
At a minimum:

(a) The facility shall perform a nonmedical evaluation, consistent with
guidelines developed by the behavioral health administration, of the person upon
entry into custody at the facility for recent substance use.

(b) The facility shall offer medication approved by the federal food and drug
administration that is approved to treat opiate use disorder, which must include
agonists, partial agonists, and antagonists, to a person in custody with an opiate
use disorder. The person, in collaboration with the treating provider, must be given
a choice concerning what medication is prescribed, and the facility must provide
the medication requested. A person may request to change their medication at any
time while in custody.

(c) If the person indicates that the person has a substance use disorder, or
the nonmedical evaluation performed pursuant to subsection (1.5)(a) indicates that
the person may have recently used a substance, the facility shall refer the person
to the facility's medical provider for an evaluation and subsequent diagnosis,
prescription, or induction of medication-assisted treatment.

(d) If the person indicates that the person was taking medication that is
approved by the federal food and drug administration prior to entry into custody at
the facility to treat a substance use disorder, the facility shall provide the same
medication to the person while the person is in custody.

(2) Qualified medication administration personnel may, in accordance with a
written physician's order, administer opioid agonists and opioid antagonists
pursuant to subsection (1) and (1.5) of this section.

(3) A facility may contract with community-based health providers, local
providers, or state mobile medication-assisted treatment unit providers for the
implementation of this section.

(4) As used in this section, unless the context otherwise requires:

(a) Facility means:

(I) A local jail, as defined in section 17-1-102 (7);

(II) A multijurisdictional jail, as described in section 17-26.5-101; and

(III) A municipal jail, as authorized in section 31-15-401 (1)(j).

(b) Opioid agonist means a full or partial agonist that is approved by the
federal food and drug administration for the treatment of an opioid use disorder.

(c) Opioid antagonist means naltrexone or any similarly acting drug that is
not a controlled substance and that is approved by the federal food and drug
administration for the treatment of an opioid use disorder.

(5) Counties are encouraged to use county funding available from a
settlement or damage award from opiate-related litigation to support jails in
complying with the requirements of this section.

Legislative History

Source: L. 2020: Entire section added, (HB 20-1017), ch. 288, p. 1423, � 2, effective September 14. L. 2022: (1), (2), and (3) amended and (1.5) and (5) added, (HB 22-1326), ch. 225, p. 1667, � 45, effective July 1.