As used in this article 20, unless the context
otherwise requires:
(1) (a) Agency means:
(I) Any one of the principal departments of state government created in
article 1 of title 24, C.R.S., or any division, section, unit, office, or agency within one
of such principal departments of state government, except as excluded in
paragraph (b) of this subsection (1);
(II) Any county, city and county, municipality, or other political subdivision of
the state or any department, division, section, unit, office, or agency of such county,
city and county, municipality, or other political subdivision of the state;
(III) Any public or private entity that has entered into a contract for services
with an entity described in subsection (1)(a)(I) or (1)(a)(II) of this section;
(IV) Any public or private entity licensed or certified by one of the entities
described in subparagraph (I) or (II) of this paragraph (a);
(V) A person regulated pursuant to article 245 of title 12;
(VI) Repealed.
(VII) A county jail, as described in section 17-26-101, for restraints on a
pregnant person in labor, delivery, or postpartum recovery.
(b) Agency does not include:
(I) The department of corrections or any public or private entity that has
entered into a contract for services with such department, except for restraints on
a pregnant person in labor, delivery, or postpartum recovery;
(II) Any law enforcement agency of the state or of a political subdivision of
the state;
(III) A juvenile probation department or division authorized pursuant to
section 19-2.5-1406;
(IV) Any county department of human or social services when engaged in
performance of duties pursuant to part 3 of article 3 of title 19;
(V) A local education provider, as defined pursuant to section 22-15.5-102.
(2) Chemical restraint means giving an individual medication involuntarily
for the purpose of restraining that individual; except that chemical restraint does
not include the involuntary administration of medication pursuant to section 27-65-111 (5), C.R.S., or administration of medication for voluntary or life-saving medical
procedures.
(2.5) Division of youth services means the division of youth services within
the state department created pursuant to section 19-2.5-1501.
(3) Emergency means a serious, probable, imminent threat of bodily harm
to self or others where there is the present ability to effect such bodily harm.
(3.5) Individual encompasses both adults and youths, unless the context
specifically states one or the other.
(4) Mechanical restraint means a physical device used to involuntarily
restrict the movement of an individual or the movement or normal function of a
portion of his or her body.
(5) Physical restraint means the use of bodily, physical force to
involuntarily limit an individual's freedom of movement for more than one minute;
except that physical restraint does not include the holding of a child by one adult
for the purposes of calming or comforting the child.
(5.3) Prone position means a face-down position.
(5.5) Prone restraint means a restraint in which the individual who is being
restrained is secured in a prone position.
(5.7) Qualified mental health professional means an individual who is a
licensed psychologist, a licensed psychiatrist, a licensed clinical social worker, a
psychologist candidate for licensure, a licensed marriage and family therapist, or a
masters-level mental health therapist who is under the supervision of a licensed
mental health professional.
(6) Restraint means any method or device used to involuntarily limit
freedom of movement, including bodily physical force, mechanical devices, or
chemicals. Restraint must not be used as a form of discipline or to gain compliance.
If property damage might be involved, restraint may only be used when the
destruction of property could possibly result in bodily harm to the individual or
another person. Restraint includes chemical restraint, mechanical restraint, and
physical restraint. Restraint does not include:
(a) The use of any form of restraint in a licensed or certified hospital when
such use:
(I) Is in the context of providing medical or dental services that are provided
with the consent of the individual or the individual's guardian; and
(II) Is in compliance with industry standards adopted by a nationally
recognized accrediting body or the conditions of participation adopted for federal
medicare and medicaid programs;
(b) The use of protective devices or adaptive devices for providing physical
support, prevention of injury, or voluntary or life-saving medical procedures;
(c) The holding of an individual for one minute or less by a staff person for
protection of the individual or other persons;
(d) Placement of an inpatient or resident in his or her room for the night; or
(e) Repealed.
(f) Placement in a state-owned psychiatric residential treatment facility, as
defined in section 26-6-903.
(7) Seclusion means the placement of an individual alone in a room or area
from which egress is involuntarily prevented, except during normal sleeping hours.
(8) State department means the state department of human services.
(9) Youth means an individual who is less than twenty-one years of age.
Source: L. 99: Entire article added, p. 377, � 1, effective April 22. L. 2004: (1)(a)(V) added, p. 920, � 28, effective July 1. L. 2010: (2) amended, (SB 10-175), ch.
188, p. 805, � 79, effective April 29. L. 2016: (2.5), (3.5), (5.7), (8), and (9) added,
IP(6), (6)(c), (6)(d), and (7) amended, and (6)(e) repealed, (HB 16-1328), ch. 345, p.
1400, � 2, effective June 10. L. 2017: IP and (2.5) amended (HB 17-1329), ch. 381, p.
1983, � 61, effective June 6; IP, (1)(a)(II), (1)(a)(III), and (6)(c) amended and (1)(a)(VI),
(5.3), and (5.5) added, (HB 17-1276), ch. 270, p. 1487, � 3, effective August 9. L.
2018: (1)(b)(IV) amended, (SB 18-092), ch. 38, p. 452, � 138, effective August 8. L.
2019: (1)(a)(V) amended, (HB 19-1172), ch. 136, p. 1712, � 196, effective October 1. L.
2021: (1)(b)(III) and (2.5) amended, (SB 21-059), ch. 136, p. 749, � 130, effective
October 1. L. 2022: (5), IP(6), and (6)(c) amended, (HB 22-1376), ch. 243, p. 1805, � 8,
effective May 26. L. 2024: (1)(a)(VII) added and (1)(b)(I) amended, (HB 24-1459), ch.
426, p. 2916, � 7, effective June 5. L. 2025: (1)(a)(III), IP(6), and (6)(c) amended,
(1)(a)(VI) repealed, and (1)(b)(V) added, (HB 25-1248), ch. 251, p. 1260, � 4. effective
May 24; (6)(f) added, (HB 25-1172), ch. 155, p. 628, � 6, effective August 6.