§ 26-20-103 — Basis for use of restraint or seclusion

Colorado § 26-20-103

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Protection of Persons from Restraint

Text

(1) Subject to the
provisions of this article, an agency may only use restraint or seclusion on an
individual:

(a) In cases of emergency, as defined in section 26-20-102 (3); and

(b) (I) After the failure of less restrictive alternatives; or

(II) After a determination that such alternatives would be inappropriate or
ineffective under the circumstances.

(1.5) Restraint and seclusion must never be used:

(a) As a punishment or disciplinary sanction;

(b) As part of a treatment plan or behavior modification plan;

(c) For the purpose of retaliation by staff; or

(d) For the purpose of protection, unless:

(I) The restraint or seclusion is ordered by the court; or

(II) In an emergency, as provided for in subsection (1) of this section.

(2) An agency that uses restraint or seclusion pursuant to the provisions of
subsection (1) of this section shall use such restraint or seclusion:

(a) Only for the purpose of preventing the continuation or renewal of an
emergency;

(b) Only for the period of time necessary to accomplish its purpose; and

(c) In the case of physical restraint, only if no more force than is necessary to
limit the individual's freedom of movement is used.

(3) In addition to the circumstances described in subsection (1) of this
section, a facility, as defined in section 27-65-102, that is designated by the
commissioner of the behavioral health administration in the state department to
provide treatment pursuant to section 27-65-106, 27-65-108, 27-65-108.5, 27-65-109, or 27-65-110 to an individual with a mental health disorder, as defined in
section 27-65-102, may use seclusion to restrain an individual with a mental health
disorder when the seclusion is necessary to eliminate a continuous and serious
disruption of the treatment environment.

(4) (a) The general assembly recognizes that skilled nursing and nursing care
facilities that participate in federal medicaid programs are subject to federal
statutes and regulations concerning the use of restraint in such facilities that
afford protections from restraint in a manner consistent with the purposes and
policies set forth in this article.

(b) If the use of restraint or seclusion in skilled nursing and nursing care
facilities licensed under state law is in accordance with the federal statutes and
regulations governing the medicare program set forth in 42 U.S.C. sec. 1395i-3(c)
and 42 CFR part 483, subpart B and the medicaid program set forth in 42 U.S.C.
sec. 1396r(c) and 42 CFR part 483, subpart B and with the rules of the department
of public health and environment relating to the licensing of these facilities, there is
a conclusive presumption that use of restraint or seclusion is in accordance with the
provisions of this article.

(5) (a) The general assembly recognizes that article 10.5 of title 27, C.R.S.,
and article 10 of title 25.5, C.R.S., and the rules promulgated pursuant to the
authorities set forth in those articles, address the use of restraint on an individual
with a developmental disability.

(b) If any provision of this article concerning the use of restraint or seclusion
conflicts with any provision concerning the use of restraint or seclusion stated in
article 10.5 of title 27, C.R.S., article 10 of title 25.5, C.R.S., or any rule adopted
pursuant thereto, the provision of article 10.5 of title 27, C.R.S., article 10 of title
25.5, C.R.S., or the rule adopted pursuant thereto prevails.

(6) The provisions of this article do not apply to any agency engaged in
transporting an individual from one facility or location to another facility or location
when it is within the scope of that agency's powers and authority to effect such
transportation.

Legislative History

Source: L. 99: Entire article added, p. 379, � 1, effective April 22. L. 2006: (3) amended, p. 1389, � 20, effective August 7. L. 2010: (3) amended, (SB 10-175), ch. 188, p. 805, � 80, effective April 29. L. 2016: Entire section amended, (HB 16-1328), ch. 345, p. 1401, � 3, effective June 10. L. 2017: (3) amended, (SB 17-242), ch. 263, p. 1334, � 224, effective May 25. L. 2022: (3) amended, (HB 22-1278), ch. 222, p. 1519, � 85, effective July 1; (3) amended, (HB 22-1278), ch. 222, p. 1601, � 250 effective August 10; (3) amended, (HB 22-1256), ch. 451, p. 3239, � 54, effective August 10. L. 2023: (3) amended, (HB 23-1138), ch. 423, p. 2489, � 12, effective July 1, 2024.