§ 25-4-406 — Reports - confidentiality

Colorado § 25-4-406

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Disease Control

Text

(1) The public health reports required
pursuant to section 25-4-405 and any records resulting from compliance with that
section held by the state department and county and district public health
agencies, or any health-care provider, facility, third-party payer, physician, clinic,
laboratory, blood bank, health records database, or other agency, are confidential
information. The information shall only be released, shared with any agency or
institution, or made public, upon subpoena, search warrant, discovery proceedings,
or otherwise, under the following circumstances:

(a) For statistical purposes, but only in a manner such that an individual
cannot be identified from the information released;

(b) To the extent necessary to enforce the provisions of this part 4 and
related rules concerning the treatment, control, prevention, and investigation of
sexually transmitted infections by public health officers;

(c) To health-care providers and medical personnel in a medical emergency
to the extent necessary to protect the health or life of the named party;

(d) To agencies responsible for receiving or investigating reports of child
abuse or neglect in accordance with the provisions of the Child Protection Act of
1987, part 3 of article 3 of title 19, C.R.S., if an officer or employee of the state
department or a local public health agency makes a report of child abuse or
neglect; or

(e) Pursuant to section 18-3-415.5, C.R.S., to a district attorney for the
information specified in said section, or, for the purposes of a sentencing hearing,
oral and documentary evidence limited to whether a person who has been bound
over for trial for any sexual offense, as described in section 18-3-415.5, C.R.S., was
provided with notice or discussion that he or she had tested positive for a sexually
transmitted infection and the date of such notice or discussion.

(1.5) In accordance with subsection (1)(a) of this section, for statistical
purposes, the state department shall make available to county and district public
health agencies de-identified case rate data for syphilis that is specific to the
county or district, which data must remain confidential pursuant to this section.

(2) An officer or employee of the state department or a local public health
agency must not be examined in any judicial, executive, legislative, or other
proceedings as to the existence or content of any individual's report by such
department pursuant to this part 4 or as to the existence of the content of the
reports received pursuant to section 25-4-405 or the result of an investigation
conducted pursuant to section 25-4-408. The provisions of this subsection (2) do
not apply to administrative or judicial proceedings held pursuant to section 25-4-412 or 25-4-413.

(3) Information in medical records concerning the diagnosis and treatment of
a sexually transmitted infection is considered medical information, is not part of
public health reports, and is protected from unauthorized disclosure pursuant to
the provisions of section 18-4-412, C.R.S.

Legislative History

Source: L. 2016: Entire part R&RE, (SB 16-146), ch. 230, p. 898, � 1, effective July 1. L. 2024: IP(1) amended and (1.5) added, (HB 24-1456), ch. 425, p. 2913, � 3, effective June 5.